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5lsT  Congress,  ) 
1st  Session.      j 


SENATE. 


(  Ex.  Doc. 
\    No.  55. 


REPORT 


»•    >»»    J     »    J 

■       »  »       >      >  1 


Oil    '^      i':^» 


1   >        J    >      *        > 


EXTEADITIO^, 


PREPARED  BY 


THE  THIED  ASSISTANT  SECRETARY  OF  STATE 


FOR   THE 


USE  OF  THE  INTERNATIONAL  AMERICAN  CONFERENCE. 


FEBUUAitY  13,  1890.— Referred  to  the  Committee  on 
Foreign  KelatiouH  and  ordo  ed  to  be  printed. 


WASHINGTON : 

GOVERNMENT   PRINTING   OFFICE. 
1890. 


79 


Department  op  State, 
WasJiingtoii,  D.  C,  February  12,  1890. 

To  the  President  cf  the  Senate  : 

In  accordance  with  section  5  of  the  act  of  Cougress  ap- 
proved May  24,  1888,  I  transmit  herewith,  for  the  information 
of  the  Senate  and  House  of  Representatives,  a  report  on  extra- 
dition, which  was  prepared  by  the  Hon.  J.  B.  Moore,  Third 
Assistant  Secretary  of  State,  for  the  use  of  the  Delegates  to 
the  International  American  Conference. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

James  G.  Blaine. 

3 


.•57;5(;!>H 


REPORT 


BY 


HON.  J.  B.  MOORE 


EXTRADITION. 


REPORT  BY  HON.  J.  B.  MOORE. 


EXTRADITION. 


Improved  means  of  travel  wliich  modern  invention  has  af- 
forded and  the  consequent  ease  of  flight  have  made  the  extra- 
dition of  criminals  a  subject  of  constantly  growing  imi)ortance. 
A  person  commits  an  atrocious  offense,  and  in  a  few  hours  at 
most  may  be  beyond  the  confines  of  the  country  whose  laws 
he  has  violated.  Once  within  the  jurisdiction  of  another  coun- 
try he  may  defy  the  authorities  of  the  place  of  his  criminal 
activity  unless  the  Government  of  the  country  to  which  he  has 
fled,  animated  with  a  desire  to  promote  the  cause  of  general 
justice,  shall  take  some  action  to  deprive  him  of  his  immunity 
from  punishment.  Three  methods  of  dealing  with  fugitive 
criminals  have  been  suggested: 

(1)  Trial  and  punishment  by  the  country  of  refuge. 

^'2)  Expulsion. 

(3)  Extradition. 

While  the  first  method  has  found  able  advocates,  it  has 
generally  been  regarded  as  impracticable  and  as  not  satisfying 
the  ends  of  justice,  and  its  application  has  never  seriously 
been  attempted. 

The  inadequacy  of  expulsion  lies  in  the  fact  that  it  only  rids 
the  country  of  refuge  of  a  possibly  dangerous  individual,  and 
affords  no  satisfaction  to  the  laws  which  he  has  violated.  It 
can  be  employed  as  a  substitute  for  extradition  only  when,  by 
reason  of  the  character  or  circumstances  of  the  offense,  the 
fugitive  ought  not  to  be  surrendered,  but  at  the  same  time 
ought  not  to  be  aliorded  protection. 

In  extradition  alone  is  found  the  eilicieiit  reiiictiy  lor  the 
evils  to  be  treated.  It  rids  the  country  of  refuge  of  undesirable 
persons,  and,  at  the  same  time,  meets  the  demands  of  justice 
by  handing  the  offender  over  to  be  tried  according  to  the  laws 
which  he  is  charged  to  have  broken. 


8  EXTRADITIOX. 

It  has  beeu  much  discussed  by  pubMcists  whether  extradi- 
tion is  a  matter  of  perfect  or  of  imperfect  obligation — a  matter 
of  duty  or  of  comity.  This  question,  however,  has  become  of 
less  and  less  importance  as  extradition  has  come  to  be  more 
generally  regulated  by  treaty.  It  has  often  been  suggested 
that  each  nation  should  regulate  extradition  for  itself,  by  a 
general  law,  enumerating  the  offenses  for  which  fugitives  should 
be  delivered  up,  and  that  such  delivery  should  be  granted  in- 
dependently of  treaty  and  of  reciprocity.  But  the  decided 
tendency  has  been  to  the  regulation  of  the  practice  of  extradi- 
tion by  treaty,  thus  insuring  reciprocity,  not  only  in  principle, 
but  also  in  reality. 

In  the  delivery  up  of  fugitive  criminals  three  systems  of 
procedure  are  found  to  exist.  The  first  of  these  systems  may 
be  called  the  executive.  Under  this  system  the  fugitive  is  de- 
livered up  by  the  chief  executive  authority  of  the  State,  upon 
such  evidence  as  he  may  deem  proper  or  prescribe.  The  second 
may  be  termed  the  legislative  system,  under  which  the  chief 
executive,  while  he  determines  the  question  of  surrender, 
nevertheless  acts  under  the  provisions  of  an  express  statute. 
The  third  system  may  be  called  the  judicial,  under  which, 
while  the  chief  executive  may  render  the  final  decision  on  the 
question  of  delivery,  the  judicial  authorities  make  the  pre- 
liminary investigation  of  the  criminality  of  the  person  charged. 

In  the  United  States  the  judicial  system  prevails.  The  pre- 
liminary investigation  of  the  charge  of  crime  is  by  law  com- 
mitted to  the  judicial  authorities.  If  the  decision  of  the  officer 
who  conducts  the  preliminary  examination  is  that  the  evidence 
adduced  is  not  sufficient  to  sustain  the  charge  the  alleged  fugi- 
tive is  released  from'  custody  and  the  question  of  surrender 
never  comes  before  the  executive  for  determination.  If  the 
decision  of  the  examining  magistrate  is  that  the  evidence  is 
sufficient  to  sustain  the  charge  he  commits  the  prisoner  to 
await  the  action  of  the  executive,  to  whom  the  record  of  the 
magistrate's  proceedings  is  transmitted  for  consideration,  and 
the  executive  may  either  order  the  fugitive's  surrender  or  may 
decline  to  do  so. 

The  consideration  of  the  proceedings  for  the  examination  of 
the  charge  of  criminality  naturally  suggests  the  question, 
What  should  be  the  kind  and  degree  of  evidence  required  for 
the  purpose  of  surrender?  In  some  countries  it  is  held  that  it 
is  sufficient  if  it  appear  that  a  criminal  prosecution  for  the 


EXTRADITION.  9 

offense  charged  is  actually  pending  against  the  accused  in  the 
country  by  .which  his  extradition  is  demanded.  In  other  coun- 
tries it  is  requisite  that  at  least  ^riwa/ae/e  evidence  should 
be  adduced  of  the  guilt  of  the  person  charged.  Such  is  the 
case  in  the  United  States,  in  which  the  rule  is  that  such  evi- 
dence of  guilt  must  be  furnished  as  would  warrant  the  com- 
mitment of  the  alleged  fugitive  for  trial  for  the  oiiense  with 
which  he  is  charged  if  it  had  been  committed  in  this  country. 
What  crimes  should  be  made  the  subject  of  extradition  ? 
The  answer  to  this  question  must  depend  upon  various  condi- 
tions. Between  contiguous  countries  the  list  of  oifeuses  would 
naturally  be  more  extensive  than  between  countries  remote  from 
each  other,  and  would  reach  crimes  of  a  more  trivial  character. 
The  internal  policy  and  the  juridical  system  of  a  country  would 
also  affect  its  readiness  to  grant  or  its  ability  to  procure  extra- 
dition of  fugitive  criminals.  It  is  generally  conceded  that  no 
extradition  can  be  required  for  political  offenses  save  under  the 
obligations  of  treaty,  and  such  offenses  are  not  generally  ad- 
mitted in  conventions.  But  the  question  often  arises  as  to 
what  is  a  political  offense.  In  the  treaty  between  the  United 
States  and  Belgium,  concluded  on  the  13th  Juno-,  1882,  there 
is  the  following  provision  : 

The  provisions  of  this  convention  shall  not  be  applicable  to  persons  guilty 
of  any  political  crime  or  ofleuse  or  of  one  connected  with  such  a  crime  or 
offense.  A  person  who  has  been  surrendered  on  account  of  one  of  the  com- 
mon crimes  or  offenses  mentioned  in  Article  II  shall  consequently  in  no 
case  be  prosecuted  and  punished  in  the  State  to  which  his  extradition  has 
been  granted  on  account  of  a  political  crime  or  offense  committed  h}-  him 
previously  to  his  extradition  or  on  account  of  an  act  connected  with  such  a 
political  crime  or  offense,  unless  he  has  been  at  liberty  to  leave  the  country 
for  one  month  after  having  been  tried,  and,  in  case  of  condemnation,  for 
one  month  after  having  fiMffered  his  punishment  or  having  been  [lardoni'd. 
An  attempt  against  the  life  of  the  head  of  a  foreign  government,  or  against 
that  of  any  member  of  his  family,  when  such  attempt  comprises  the  act 
either  of  murder  or  a.s.sas8ination,  or  of  poisoning,  shall  not  be  considered 
a  political  offense  or  an  act  connected  witli  such  an  offense. 

This  i)rovislon  is  understood  to  be  merely  docliiratory  of  (lie 
law  tliat  a  sovereign  or  a  inember  of  his  (amily  may  be  ntado 
the  victim  of  a  non  i)olitical  crime.  OHenses  against  cu.stoms 
laws  are  also  generally  excluded  from  extradition  treaties,  as 
well  as  offences  against  laws  relating  to  religion  or  to  matters 
of  peculiarly  local  concern,  growing  out  of  particular  national 
polity. 


10  EXTRADITION. 

It  is  not  uuusual  to  find  in  conventions  a  limitation  of  the 
crimes  for  which  extradition  may  be  demanded,  based  upon 
the  length  or  severity  of  the  punishment  to  which  they  may 
be  subject.  It  may  well  be  questioned  whether  such  a  limita- 
tion will  be  found  to  be  satisfactory  in  its  operation  and  secure 
such  reciprocal  action  as  may  be  desirable.  The  rule  would 
appear  to  depend  for  its  successful  application  chiefly  upon 
tiie  assimilation  of  penal  legislation. 

One  of  the  most  important  practical  questions  relating  to 
extradition  is  that  of  the  provisional  arrest  and  detention  of 
alleged  fugitives.  The  employment  of  the  telegraph  for  the 
purpose  of  securing  such  arrest  and  detention  is  often  essen- 
tial to  the  capture  and  reclamation  of  the  criminal.  Fre- 
quently appropriate  provisions  on  this  subject  are  embodied 
in  the  treaties,  although  few  of  the  extradition  conventions 
which  the  Government  of  the  United  States  has  concluded 
with  foreign  powers  contain  such  a  stipulation.  It  is  believed, 
however,  that  law  and  practice  in  the  United  States  afford 
ample  opportunity  to  secure  the  apprehension  of  fugitives 
from  justice  and  their  commitment  for  examination,  in  advance 
of  a  formal  requisition  for  their  surrender.  In  such  case,  some 
authorized  agent  of  the  foreign  government,  usually  a  consul, 
makes  complaint  on  oath,  upon  information  and  belief,  charg- 
ing the  alleged  fugitive  in  proper  form  with  the  commission  of 
a  treaty  offense  within  the  jurisdiction  of  that  government. 
This  complaint  is  made  with  as  great  particularity  as  possible 
and  is  frequently  supported  by  telegraphic  information  fur- 
nished by  the  complainant's  government.  If  the  complaint  be 
sufficient,  the  magistrate  before  whom  it  is  made  issues  his 
warrant  for  the  arrest  of  the  person  charged,  and,  when  he  is 
arrested,  commits  him  for  such  time  as  may,  under  the  circum- 
stances, be  reasonable  for  the  production  of  the  formal  evi- 
dences of  criminality.     (See  Appendix  A.) 

Should  citizens  be  surrendered?  The  general  rule  unques- 
tionably is  to  refuse  to  surrender  them.  The  justification  for 
this  rule  is  thought  to  be  found  in  the  provision  which  the  laws 
of  most  countries  make  for  the  punishment  of  citizens  for 
offenses  committed  abroad,  and  in  the  alleged  superior  right 
of  trial  belonging  to  the  country  of  which  the  fugitive  is  a  citi- 
zen. As  the  great  object  of  extradition  is  the  trial  and  punish- 
ment of  an  offender  under  the  laws  which  he  has  violated  and 
at  the  place  of  such  violation,  an  object  rendered  important  by 


EXTRADITION.  11 

considerations  of  conveuieuce  as  well  as  by  tbe  just  require- 
ments of  the  penal  law,  it  may  well  be  questioned  wbetber 
nations  should  persist  in  the  general  exemption  of  their  citizens 
from  extradition  process. 

Should  a  person  surrendered  for  one  offense  be  tried  for 
another,  before  he  has  had  an  opportunity  to  return  to  the 
jurisdiction  from  which  he  was  taken  ?  The  argument  against 
such  trial  has  been  that  to  admit  that  it  might  take  place 
would  encourage  abuse  of  extradition  process  and  open  the 
door  to  prosecutions  for  political  otienses.  In  reply  to  this  it 
may  well  be  said  that  if  the  good  faith  of  the  demanding  gov- 
ernment be  clear  and  the  prosecution  sought  to  be  instituted 
non-political,  it  is  an  unnecessary  defeat  of  justice  to  require 
the  culi)rit  to  be  set  at  liberty,  merely  because  he  was  sur- 
rendered for  another  offense.  It  has  been  suggested  that  at 
least  a  partial  remedy  for  this  condition  might  be  found  in 
limiting  the  right  of  trial  to  treaty  offenses.  This,  however, 
does  not  meet  the  objection.  But  might  not  a  complete  remedy 
be  found  in  the  provision  that  a  person  surrendered  for  one 
offense  should  not  be  tried  for  another,  if  the  surrendering 
government  object ;  and  that  before  trial  for  an  offense  other 
than  that  for  which  the  extradition  was  granted,  notice  should 
be  given  to  the  surrendering  state  of  the  intention  to  try  for 
such  other  offense  ? 

It  may  happen  that  several  demands  are  presented  by  dif- 
ferent governments  for  the  surrender  of  a  single  individual. 
In  such  a  case,  which  demand  should  be  complied  with?  The 
rule  generally  adopted  in  the  treaties  of  the  United  States  is 
to  honor  the  demand  first  presented. 

To  what  extent  may  a  government  intervene  in  behalf  of  one 
of  its  citizens  who  is  in  a  foreign  country  and  is  made  the 
subject  of  a  demand  oC  extradition  by  a  thinl  state?  Can  an 
objection  to  his  surrender  be  based  upon  the  fact  that  no  treaty 
of  extradition  exists  between  the  demanding  state  and  that 
within  wlios<!  juiisdiction  he  is?  And,  if  it  i)e  held  that  the 
true  rule  is  that  he  is  entitled  only  to  the  same  treatment  as 
a  citizen  of  the  country  on  which  the  demand  is  made,  may  his 
government  niake  it  a  ground  of  objection  to  his  extradition 
that  citizens!  of  that  country  are  by  its  laws  or  its  practice  ex- 
empt from  surrender? 

It  is  the  ])ra<-.fice  of  the  (iovcrniiicnt  of  tlie  United  tStiites  to 
decline  extradition  in  the  absence  of  treaty.     It  lias  concluded 


12 


EXTRADITION. 


with  foreign  countries,  in  relation  to  extradition,  the  following 
conventions: 


Countries. 


Austria 

Baden 

Bavaria 

Belginni* , 

Bremen 

Dominican  Republic  ... 

Ecuador 

France 

Great  Britain  t 

Hanovert 

Hawaiian  Islands 

Havti 

Itaiy§ 

Japan 

Luxemburg 

Mecklenburg-Schwerin 
Mecklenburg-Strelitz  . . 


When 
concluded. 


July  3 
Jan.  30, 
Sept.  12, 
Mar.  19, 
June  13 
Sept.  6, 
Feb. 
June  28, 
Nov.  9, 
Feb.  24 
Feb.  10 
Nov.  19, 
Aug.  9, 
Jan.  18, 
Dec.  20, 
Nov.  3, 
Mar.  23 
Jan.  21 
June  11 
Apr.  29 
Oct.  29, 
Nov.  26, 
Dec.     2, 


,1856 
,  1857 
i,  1853 
I,  1874 
,  1882 
,  1853 
!,  1867 
i,  1872 
',  1813 
,  1845 
i  1858 
,  1794 
,  1842 
;,  1855 
,1849 
,  1864 
,1868 
,1869 
,1884 
,1886 
,  1883 
i,  1853 
1, 1853 


Countries. 


Mexico 

Netherlands!! 

Nicaragua 

North  German  Union 

Oldenburg 

Orange  Free  State 

ottoman  Empire 

PerulT 

Prussia  and  other  States  of 
the  Germanic  Confedera- 
tion. 

San  Salvador  

Schanmburg-Lippe , 

Spain** 

Sweden  and  Norway 

Swiss  Confederation 

Two  Siciliesft 

VenezuelaJt , 

Wiirtemburg 


When 
concluded. 


Dec. 

May 
June 
June 
Feb. 
Dec. 
Dec. 
Aug. 
Sept. 
June 


May 

June 

Jan. 

Aug. 

Mar. 

Nov. 

Oct. 

Aug. 

Oct. 

July 


U,  1861 

22, 1880 

2, 1887 

25. 1870 
22,1868 
30, 18.53 

22. 1871 
11,1874 
12, 1870 
16, 1852 


23, 1870 

7. 1854 
5, 1877 
7, 1882 

21, 1860 
25, 1850 

1. 1855 
27, 1860 
13. 1853 
27, 1868 


*  Replaced  by  treaty  of  1882. 

t  Expired  October  28, 1807. 

{  Terminated  by  absorption  of  HSnover 

by  Prussia. 
§  Amended  by  treaties  of  1869  and  1884. 
U  Replaced  by  treaty  of  1887. 


IT  Terminated  March  31, 1886. 

**  Amended  by  treaty  of  1882. 

tt  Replaced  by  treaty  of  1868  with  Italy  and 

its  amendments. 
;j  Terminated  October  22, 1870. 


Appendix  A. 


PROVISIONAL  ARREST  AND  PROCEDURE. 

No.  18]  Department  of  State, 

Washington,  January  28,  1889. 
John  E.  Parkhurst,  Esq., 

4'c.,  <^c.,  ^c,  Brussels. 

Sir:  I  have  to  acknowledge  the  receipt  of  Mr.  Tree's  dispatch.  No.  406,  of 
the  Slst  of  October  last,  iu  which  he  informed  the  Department  of  the  pro- 
visional arrest  and  detention  by  the  Belgian  authorities,  upon  the  request 
of  this  Government,  through  its  legation  at  Brussels,  of  one  Sambalino, 
who  has  since  been  extradited  to  the  United  States. 

With  his  dispatch  Mr.  Tree  inclosed  a  copy  and  translation  of  a  note  of 
his  excellency  the  Prince  de  Chiraay,  Belgian  minister  of  foreign  affairs, 
bearing  date  the  27th  of  October,  and  responding  to  Mr.  Tree's  request  for 
Sambalino's  provisional  detention.  His  excellency  states  that  the  consul 
of  the  United  States  at  Antwerp  had  solicited  Jhe  temporary  arrest  of  the 
fugitive,  who  had,  accordingly,  been  detained  at  Antwerp  since  the  19th 
of  October.  His  excellency  then  observes  that  the  convention  between 
the  United  States  and  Belgium  of  the  liOth  of  June,  1882,  does  not  contain 
any  stipulation  determining  the  conditions  under  which  provisional  arrest 
may  be  claimed  from  the  Belgian  Government  and  reciprocally  from  the 
Government  of  the  United  States.  His  excellency  further  states  that  until 
188G  the  telegraphic  requests  of  the  Belgian  Government  for  such  arrest 
had  been  welcomed  by  the  Secretary  of  State  of  the  United  States  and  the 
judicial  authorities  in  this  country  ;  but  Ihat  a  change  then  took  place. 
The  Belgian  Government,  he  states,  having  solicited  the  temjiorary  arrest 
of  two  fugitives,  named  Maiidelius  and  Kdelhausen,  the  Secretary  of  State 
informed  His  Belgian  Majesty's  representative  at  Washington,  on  the  2d  of 
August,  188G,  that,  although  the  Department  of  State  had  in  some  preced- 
ing cases  issued  a  warrant  with  a  view  to  the  arrest  of  fugitive  criminals 
without  waiting  for  the  presentation  of  formal  evidence  of  the  oflenso 
charged,  sncli  a  proceeding  would  not  bo  followed  thereafter  unless  ex- 
pressly authorized  by  treaty  stipulation.  It  is  rcnuirked,  liowever,  that 
in  the  note  ronvi-ying  tliis  decision  tin-  Secretary  of  Stiitc  observe<l  that 
the  provisions  of  section  r>27(J  of  the  Kevised  Statutes  of  the  United  States 
were  sufticiont,  in  the  absence  of  treaty  stipulations,  to  cover  the  case  then 
niKJer  consideration.  But  the  luinister  of  foreign  nlfaiis  states  that  the 
judge  at  New  York  dccidi-d  difTerenlly,  and  that  subsequently  the  Belgian 
charg6  d'afiaires  at  Washington  unsuccessfully  endeavored  to  secure  an 
additional  provision  in  the  treaty  to  secure  arrest  on  telegraphic  informa- 
tion. 


14  EXTRADITION. 

It  does  not  appear  by  our  records  in  what  form  the  question  above 
stated  came  before  a  judicial  magistrate  in  New  York;  whether  he  gave 
his  opinion  in  a  case  actually  before  him,  or  merely  by  way  of  advice  in 
advance  of  a  case  arising.  But  in  the  view  the  Department  takes  of  the 
subject  these  considerations  are  not  material. 

At  or  near  the  time  when  this  Department,  in  1886,  notified  the  minis- 
ter of  Belgium,  in  the  case  of  Mandelius  and  Edelhausen,  that  the  issuance 
of  preliminary  certificates  to  obtain  the  provisional  arrest  of  fugitives  had 
been  discontinued,  save  in  cases  of  explicit  treaty  requirement,  applications 
for  such  papers  were  made  by  other  governments  than  that  of  Belgium  and 
refused.  It  is  well  known  that  the  issuance  of  these  so-called  warrants  of 
arrest  was  not  required  by  any  statute  of  the  United  States,  but  was  begun 
many  years  ago,  and  practiced  from  time  to  time,  in  consequence  of  the 
opinion  expressed  by  some  of  our  judges  that  our  judicial  magistrates  pos- 
sessed no  jurisdiction  to  entertain  proceedings  for  the  apprehension  and 
committal  of  alleged  fugitive  criminals  without  a  previous  requisition  from 
the  government  of  the  country  in  which  the  offense  was  committed  upon 
the  President  of  the  United  States,  and  the  obtainment  of  his  authority 
for  such  proceedings. 

In  recent  years,  however,  there  had  been  a  decided  preponderance  of 
opinion,  to  the  effect  that  the  intervention  of  the  President  was  not  essen- 
tial, under  our  laws,  to  secure  the  arrest  and  detention  of  fugitives  from 
justice  in  this  country,  and  in  consequence  of  this,  and  as  no  such  inter- 
vention was  expressly  authorized,  the  Department,  in  1886,  came  to  the 
conclusion  to  abstain  from  issuing  preliminary  certificates  or  warrants,  ex- 
cept in  cases  of  express  conventional  obligation. 

Since  that  time  the  question  has  been  brought  before  the  Supreme  Court 
of  the  United  States  and  the  position  of  the  Department  sustained.  I  refer 
to  the  case  of  George  Benson,  alias  M.  R.  Mayer,  whose  extradition  from  the 
United  States  was  demanded  by  the  Government  of  Mexico  in  1886. 

On  the  4th  of  December  of  that  year  the  Mexican  minister  at  this  capital 
informed  the  Department  that  he  had  been  instructed  by  his  Government, 
by  telegraph,  to  apply  to  that  of  the  United  States  for  the  extradition  of 
the  fugitive  in  question,  who  had  been  guilty  of  a  swindling  operation  in 
the  City  of  Mexico,  having  falsely  represented  himself  to  be  the  agent  of 
Madame  Adelina  Patti  for  the  sale  of  tickets  for  an  operatic  performance, 
and  thus  fraudulently  obtained  upwards  of  $20,000,  with  which  he  had  ab- 
sconded and  was  believed  to  have  fled  to  the  United  States.  The  minister 
requested  the  Secretary  of  State  to  cause  orders  to  be  issued  for  the  fugi- 
tive's arrest. 

To  this  communication  the  Department  replied  on  the  8th  of  December, 
1886,  sajing  that  in  its  opinion  the  provisions  of  section  5270  of  the  Revised 
Statutes  of  the  United  States  were  sufiScient  for  the  purpose  of  obtaining 
the  fugitive's  arrest,  but  at  the  same  time  calling  attention  to  the  fact  that 
the  minister's  note  contained  no  specification  of  any  of  the  offenses  enu- 
merated in  the  extradition  treaty  between  the  United  States  and  Mexico 
of  December  11,  1861. 

On  the  8th  of  December  the  Mexican  minister  replied  that  he  deemed  the 
offense  with  which  the  fugitive  was  charged  to  be  comprised  in  that  of  for- 
gery, mentioned  in  the  third  article  of  the  treaty  ;  and  referred  to  the  re- 


EXTRADITION.  15 

quest  contained  in  his  note  of  the  4th  of  Decemher  in  respect  to  the  fugi- 
tive's arrest. 

On  the  loth  of  December  the  Department  replied,  still  declining  to  act, 
and  on  the  same  day  the  minister,  being  convinced  of  the  correctness  of  the 
Department's  position,  withdrew  his  requests.  Copies  of  this  correspond- 
ence are  herewith  inclosed. 

Having  arrived  in  the  city  of  New  York,  Benson  was  arrested  on  a  war- 
rant Issued  by  Samuel  H.  Lyman,  esq.,  commissioner  of  the  circuit  court 
of  the  United  States  for  the  southern  district  of  New  York,  without  the 
intervention  of  this  Department  in  the  matter,  upon  a  complaint  made  be- 
fore him  by  the  consul-general  of  Mexico  at  the  city  of  New  York,  charg- 
ing the  fugitive  with  having  committed  the  crime  of  forgery  in  Mexico. 
The  proceedings  before  the  commissioner  resulted  in  the  commitment  of  the 
fugitive  for  surrender  on  that  charge. 

A  writ  of  habeas  corpus  was  then,  upon  proper  application,  allowed  by 
Justice  Blatchford,  of  the  Supreme  Court  of  the  United  States,  to  bring  the 
prisoner  before  the  circuit  court  of  the  United  States  for  the  southern  dis- 
trict of  New  York.  Upon  the  hearing  in  the  circuit  court  the  writ  was 
discharged  and  the  jirisoner  remanded  to  the  custody  of  the  United  States 
marshal.  From  this  judgment  an  appeal  was  taken  to  the  Supreme  Court 
of  the  United  States. 

In  the  course  of  its  unanimous  judgment,  which  was  delivered  by  Mr. 
Justice  Miller,  that  tribunal  said  : 

"This  proceeding  was  instituted  before  the  commissioner,  under  Title 
LXVI  of  the  Revised  Statutes  of  the  United  States,  concerning  extradi- 
tion.    The  first  section  reads  as  follows  : 

'Sec.  5270.  Whenever  there  is  a  treaty  or  convention  for  extradition  be- 
tween the  Government  of  the  United  States  and  any  foreign  Government 
any  justice  of  the  Supreme  Court,  circuit  judge,  district  judge,  commis- 
sioner authorized  to  do  so  by  any  of  the  courts  of  the  United  States,  or 
judge  of  a  court  of  record  of  general  jurisdiction  of  any  State,  may,  upon 
complaint  made  under  oath,  charging  any  person  found  within  the  limits 
of  any  State,  district,  or  Territory  with  having  coniniittod  within  tlu^  juris- 
diction of  any  such  foreign  Government  any  of  the  crimes  provided  for  by 
such  treaty  or  convention,  issue  his  warrant  for  the  apprehension  of  the 
person  so  charged,  that  he  may  be  brought  before  such  justice,  judge,  or 
commissioner,  to  the  end  that  the  evidence  of  criminality  may  I'l'  ln-ard 
and  considered.  If,  on  such  lioaring,  ho  deems  the  eviilenco  sullieient  to 
sustain  the  charge  under  the  provisions  of  the  proper  treaty  or  convention, 
ho  shall  certify  the  same,  together  with  a  cojiy  of  all  th«>  teMtiinony  t:ik<Mi 
before  him,  to  the  Secretary  of  State,  that  a  warrant  may  imsuo  upon  the 
requisition  of  tho  proper  authorities  of  such  foreign  Government  for  lliii 
surrender  of  such  person,  according  to  the  Htipulations  of  t  lie  treaty  or  con- 
vention ;  and  he  shall  issue  liis  warrant  for  tiie  counuitment  of  the  iterson 
so  charged  to  the  proper  jail,  there  to  remain  until  such  surrender  hIuiII  Im 
made.' 

"There  is  no  evidonci-  in  tliis  record,  at  least  tlnTe  is  no  (")|i.v  of  any  di!- 
mand  or  requisition  made  by  tho  Mexii-an  autliorilics  upon  our  Govfrnnient 
for  tbo  extradition  of  this  prisoner.  The  proceodingH,  therefore,  np  to  this 
time  rest  upon  the  initiative  authorized  by  tho  statutes  upon  that  8ul)ject,tho 


16  EXTRADITION. 

Mexican  Government,  however,  being  represented  by  counsel,  and  the  cor- 
respondence with  its  otlficers  which  was  introduced  into  the  record  showing 
their  interest  in  the  matter  and  their  purpose  to  have  this  prisoner  brought 
to  that  country  for  trial. 

"  The  treaty  under  which  this  right  to  arrest  the  prisoner  and  detain  him 
for  extradition  is  asserted  was  concluded  at  Mexico,  December  11,  1861,  and 
proclaimed  by  the  President  of  the  United  States  June  20,  1862  (12  Stat., 
1199).  It  has  the  usual  provisions,  that  the  contracting  parties  shall,  on 
requisitions  made  in  their  name,  deliver  up  to  justice  persons  who,  being 
accused  of  the  crimes  enumerated  in  article  3,  committed  within  the  jurisdic- 
tion of  the  requiring  party,  shall  seek  an  asylum  or  shall  be  found  within 
the  territories  of  the  other.     *     *     * 

"As  the  case  appears  before  us,  on  the  transcript  of  the  evidence  pro- 
duced before  Commissioner  Lyman  and  before  the  circuit  court  on  the  writ 
of  habeas  corjius,  it  is  considerably  confused,  but  very  full  and  elaborate. 
Several  questions  in  regard  to  the  introduction  of  evidence,  which  were 
raised  beibre  the  commissioner,  some  of  tLem  concerning  the  sufficiency  of 
the  authentication  of  papers  and  depositions  taken  in  Mexico,  and  as  to  the 
testimony  of  persons  supposed  to  be  expert  in  the  law  of  that  country  re- 
garding the  subject,  are  found  in  the  record,  which  we  do  not  think  require 
notice  here.  The  writ  of  habeas  corpus,  directed  to  the  marshal  of  the 
southern  district  of  New  York,  does  not  ojierate  as  a  writ  of  error,  and 
many  of  the  orders  and  decisions  madeby  the  commissioner  at  the  hearing 
which  took  place  before  him  become  unimporta  nt  in  the  examination  of  the 
sufficiency  of  the  proceedings  under  which  he  ordered  the  prisoner  into  cus- 
tody. The  main  question  to  be  considered  upon  such  a  writ  of  habeas  cor- 
pus must  be  :  Had  the  commissioner  jurisdiction  to  hear  and  decide  upon 
the  complaint  made  by  the  Mexican  consul ;  and  also,  was  there  sufficient 
legal  ground  for  his  action  in  committing  the  prisoner  to  await  the  requi- 
sition of  the  Mexican  authorities  ? 

"  In  regard  to  the  jurisdiction  of  the  commissioner  to  hear  the  complaint 
no  doubt  can  be  entertained." 

And  after  a  full  examination  of  the  case  the  judgment  of  the  Supreme 
Court  was  concluded  as  follows : 

"We  are  of  opinion  that  the  decision  of  Commissioner  Lyman  committing 
the  prisoner  to  the  custody  of  the  marshal  to  await  the  requisition  of  the 
Mexican  Government  was  justified,  and  the  judgment  of  the  circuit  court 
dismissing  the  writ  of  habeas  corpus  is  accordingly  affirmed." 

This  judgment  settles  the  point  that  under  section  5270  of  the  Revised 
Statutes  of  the  United  States  a  fugitive  from  the  justice  of  a  Government 
with  which  the  Government  of  the  United  States  has  a  treaty  or  convention 
of  extradition  may  be  arrested  in  thiscountry  and  held  for  examination  on 
a  charge  of  having  committed  in  the  foreign  country  an  offense  specified 
in  such  treaty  or  convention  without  any  previous  intervention  on  the 
part  of  the  President  or  proof  that  a  requisition  has  been  made.  Under 
this  statute  is  it  believed  that  there  exists  in  the  United  States  a  very  lib- 
eral system  of  provisional  arrest  and  detention  of  fugitives  from  foreign 
justice,  under  which,  upon  oaths  made  on  information  and  belief  (a  requiie- 
ment  which  the  prelimiiiary  mandate  formerly  issued  by  the  Executive  did 
not  dispense  with),  such  fugitives  are  coustantly  arrested  and  held  without 


EXTRADITION.  17 

interference  on  the  part  of  tlie  executive  branch  of  the  Government  of  the 
United  States  to  await  examination  before  our  judicial  magistrates  in  ac- 
cordance with  our  laws.  No  time  is  specified  during  which  a  fugitive  may 
be  so  hekl ;  but  the  judicial  officer  decides  in  each  case  what  term  is  rea- 
sonable under  all  the  circumstances  for  the  detention  of  the  fugitive  pend- 
ing the  reception  of  the  formal  proofs  of  his  culpability  and  their  exaiuiuk- 
tion.  Save  in  cases  in  which  the  question  of  the  necessity  of  executive  in- 
terference was  formerh'  raised,  this  Department  has  received  no  complaints 
of  the  refusal  of  judicial  magistrates  to  grant  proper  facilities.  On  the  con- 
trary, it  is  believed  that  such  magistrates  have  generally  construed  their 
powers  with  as  much  liberality  as  is  consistent  with  the  security  which  all 
persons,  both  citizens  and  foreigners,  should  enjoy  against  unfouuded  arrest 
and  detention. 

It  is  hoped  that  this  statement  will  prove  satisfactory  to  the  Belgian  Gov- 
ernment iu  respect  to  the  subject  of  provisional  arrests  in  the  United  States, 
and  you  are  at  liberty  to  commuuicate  a  copy  of  this  paper  to  his  excel- 
lency the  minister  of  foreign  affairs. 
I  am,  sir,  your  obedient  servaut, 

T.  F.  Bayakd. 


finclosure  1.] 

Mr.  Romero  to  Mr.  Bayard. 

[TraDsiation.] 

Legation  of  Mexico, 
Washington,  Decern &er  4,  1886.     (Received  December  4.) 

Mr.  Secretary  :  I  have  the  honor  to  inform  you  that  I  have  recci  vi'd  in- 
structions from  my  Government,  by  telegrapli,  to  apply  to  that  of  tlie 
United  States  for  the  extradition  of  a  Gernuin  naim-d  M.  K.  Major,  wlio  bas 
been  guilty  of  a  swindling  operation  in  the  City  of  Mexico,  haviug  repre- 
sented IiiiiiKelf  to  be  Mr.  Abbey's  agent  for  tbo  sale  of  season  tickets  fi)r  the 
opera  of  Madame  Adelina  I'atti's  company,  and  having  absconded  from  that 
city  after  fraudulently  securing  upwards  of  .*i2(),<H,IO.  To-day's  papers  havt< 
published  the  particulars  of  this  swindle. 

Mayer  appi-ars  to  have  gone  in  the  din'ction  ot  El  Paso,  Texas,  on  his  way 
to  this  country.  He  is  a  short  a  ml  si  out  man,  i>f  light  conqtlcxion,  with  Idack 
hair,  heavy  moustache,  and  abouf,  forty  years  of  agi-. 

Pending  the  receipt  of  the  necessary  docnnn-ntsfroMi  IIk;  Mrxican  aiilhoi  i- 
ties,  making  application  for  his  extradition,  I  will  thank  yon,  Mr.  Secre- 
tary, if  yon  have  no  objections,  to  cause  orders  to  be  issued  lor  Mayer's 
arrest,  so  that  the  ends  of  justice  may  not  bo  defeated  by  his  cscajie. 
Be  pleased,  etc., 

M.    IvoMEItO. 

S.  Ex.  iJo J 


18  EXTRADITIOX. 

[In closure  2.] 

Mr.  Bayard  to  Mr.  Eomero. 

Department  of  State, 

Washington,  December  8,  1886. 

Sir:  Referring  to  your  note  of  the  4th  instant,  stating  that  a  German, 
named  M.  R.  Mayer,  who  has  been  guilty  of  a  swindling  operation  in  the 
City  of  Mexico,  having  fraudulently  obtained  njiwards  of  §20,000  by  repre- 
senting himself  to  be  the  agent  of  Mr.  Abbey  for  the  sale  of  season  tickets 
for  an  operatic  performance  by  the  company  of  Madame  Adelina^g,ttl,  is 
believed  to  have  fled  to  the  United  States,  and  requesting  this  Department 
to  cause  orders  to  be  issued  for  Mayer's  arrest,  so  that  the  ends  of  justice 
may  not  be  defeated  by  his  escape,  I  have  the  honor  to  inform  you  that, 
in  the  opinion  of  the  Department,  the  provisions  of  section  5270  of  the  Re- 
vised Statutes  of  the  United  States  are  sufficient  for  the  purpose  of  obtain- 
ing the  fugitive's  arrest,  and  that  the  Department  is  not  authorized  to  take 
any  action  in  the  present  stage  of  the  case.  It  may  not,  however,  be  im- 
proper to  observe  that  there  is  no  specification  in  your  note  of  any  of  the 
extraditable  offenses  enumerated  in  the  treaty  of  December  11,  1861,  which 
regulates  the  subject  of  extradition  between  the  United  States  and  Mexico. 
Accept,  etc., 

T.  F.  Bayard. 


[Inclosnre  3.] 

Mr.  Romero  to  Mr.  Bayard, 

[Translation.] 

Mexican  Legation, 
Washington,  Decembers,  1886.     (Received  December  9.) 

Mr.  Secretary:  I  have  had  the  honor  to  receive  your  note  of  this  date, . 
wherein,  referring  to  my  note  of  the  4th  instant,  in  which  I  asked  the  arrest 
of  an  individual  who  assumed  in  the  City  of  Mexico  the  name  of  Marcus  R. 
Mayer,  agent  of  Mr.  Henry  E.  Abbey,  and  who,  according  to  rejjorts  pub- 
lished by  the  papers  of  New  York,  ajipears  to  be  really  named  Charles 
Bourton,  and  who  in  that  city  fraudulently  obtained  a  considerable  sum  of 
money  through  the  sale  of  tickets  for  the  operatic  performances  of  Signora 
Adelina  Patti,  you  were  pleased  to  state  to  me  that,  in  the  opinion  of  your 
Department,  the  provisions  of  section  .')270  of  the  Revised  Statutes  of  the 
United  States  are  sufficient  for  the  purpose  of  obtaining  the  arrest  of  the 
fugitive,  at  the  same  time  remarking  that  my  note  did  not  express  any 
offense  enumerated  in  the  treaty  of  December  11,  1861,  between  Mexico 
and  the  United  States,  as  having  been  committed  by  the  person  in  question. 

Although,  because  sufficient  time  therefor  has  not  supervened,  the  data 
to  enable  a  judgment  to  be  formed  of  the  precise  nature  of  the  ofi^euse  have 
not  yet  been  received,  I  deem  it  to  be  comprised  in  that  of  forgery  men- 
tioned in  the  third  article  of  the  convention  of  December  11,  1861,  since 
Bourton  assumed  in  Mexico  the  name  of  Marcus  R.  Mayer,  who  is  the  real 


EXTRADITION.  1  9 

agent  of  Mr.  Abbey,  and  under  that  name  issued  tickets  and  gave  receipts 
for  the  money  which  was  paid  to  bim. 

I  ha%'e  already  given  instructions  to  the  Mexican  consuls  at  El  Paso  aud 
Laredo,  Texas,  and  in  the  cities  of  New  York  and  New  Orleans,  to  go  be- 
fore the  judges  of  the  respective  districts  for  the  purpose  of  procuring  the 
arrest  of  Bourton,  in  compliance  with  the  provisions  of  section  5270  of  the 
Revised  Statutes  of  the  United  States ;  but  ihese  instructions  will  be  iu- 
sufficient  if  the  aforesaid  consuls  be  not  aided  by  the  police  of  the  respect- 
ive localities,  since  as  the  guilty  fugitive  comes  in  disguise  it  will  be  very 
difficult  for  the  consuls  mentioned  to  know  when  he  arrives  in  or  passes 
through  the  cities  named,  and  only  the  vigilance  of  the  police  can  discover 
this.-  For  this  reason  the  recommendation  which  I  made  in  my  note  of  the 
4th  instant  had  also  for  its  object  that  the  police  should  be  advised,  that 
they  might  exert  their  vigilance  in  order  to  be  able  to  apprehend  the  fugi- 
tive, if  the  Department  should  deem  itself  authorized  to  do  so. 
Be  pleased,  etc., 

M.  Romero. 


flnclosure  4.] 


J/r.  Bayard  to  Mr.  Romtro. 

Departmkxt  of  State, 

WashiiKjton,  December  ir>,  188G. 

Sir  :  Referring  to  your  note  of  the  8th  instant,  relative  to  the  case  of 
Marcus  R.  Mayer,  alias  Charles  Bourton,  charged  with  obtaining  money 
in  the  City  of  Mexico  by  the  fraudulent  sale  of  tickets  for  the  operatic  per- 
formances of  the  company  of  Madame  Adelina  Patti,  I  liave  the  honor  to 
inform  you  that  this  Department,  while  desirous  of  aiding  in  every  proper 
way  the  execution  of  the  treaty  of  the  11th  of  December,  1801,  is  not,  in 
my  judgment,  authorized  to  advise  or  instruct  the  police  in  the  various  lo- 
calities named  in  your  noto  to  exert  vigilance  in  the  apprehension  of  the 
fugitive. 

As  has  already  been  poinli d  oiii,  i  In- provision  of  section  r>-270  oj"  tlio  Re- 
vised Statutes  are  deemed  siinicii-ut  for  the  purpose  of  obtaining  the  fugi- 
tive's arrest,  and  unU^ss  some  otlier  way  is  prescribed  by  treaty  those  jiro- 
visions  contain  the  only  method  ]>resciibcd  by  the  laws  of  the  I'niti'd 
States  for  the  institution  of  proceedings  in  extradition.  Under  that  law 
extradition  proceedings  are  initi.-ited,  like  any  other  criminal  iirosi-cution, 
by  the  issuance  of  a  warrant  of  arrest  by  a  competent  magistrate  upon  «'vi- 
dence  re(|nircd  by  statute  of  the  commission  of  the  olfense  charged. 

The  arrest  of  the  fugitive  ui)on  this  warrant  is  the  duty  of  local  police 
authorities,  over  whom  this  Department  exercises  no  supervision,  and 
whom  it  is  not  competent  to  advise  or  instruct. 

Accept,    etc., 

T.  F.  Bavauu. 


20  EXTRADITION. 

flnclosure  5.] 

Mrt  Romero  to  Mr.  Bayard. 

[Translation.] 

Mexican  Legation, 
Washington,  Decemher  15,  1886.     (Received  December  16.) 

Mr.  Secretary:  I  have  had  the  houor  to  receive  your  note  of  to-day, 
in  which,  acknowledging  that  from  this  legation  of  the  8th  instant,  con- 
cerning the  case  of  Marcus  B.  Mayer  alias  Charles  Bourton,  accused  of 
fraudulently  obtaining  money  in  the  City  of  Mexico,  by  means  of  the  sale 
of  counterfeit  tickets  for  the  concerts  of  Madame  Adelina  Patti,  you  were 
pleased  to  inform  me  that  it  was  not  in  the  power  of  your  Department 
either  to  advise  or  instruct  the  police  authorities  in  the  places  at  which  it 
seemed  likely  that  Bourton  would  cross  from  Mexico  into  the  United  States, 
and  that  the  only  method  of  obtaining  his  arrest,  in  the  absence  of  a  special 
provision  prescribed  by  treaty,  was  contained  in  section  .5270,  Revised 
Statutes  of  the  United  States. 

I  am  conviuced  that  the  Dejiartment  of  State  has  no  j)Ower  to  intervene 
in  this  matter,  conformably  with  thelaws  of  this  country,  and  consequently 
I  withdraw  the  requests  I  made  of  you  in  my  notes  of  the  4th  and  8th  in- 
stants concerning  this  affair. 

I  have  instructed  the  Mexican  consuls  at  the  points  mentioned  in  the 
second  of  my  notes  above  referred  to  to  supply  the  place  of,  the  case  aris- 
ing and  in  so  far  as  they  may  be  able,  the  intervention  of  your  Department 
requested  iu  my  two  notes. 
Be  pleased,  etc., 

M.  Romero. 


Appendix  B. 


EXTRADITION  TREATIES  OF  THE    UNITED  STATES  WITH 
FOREIGN   PO'WERS,  WITH    AN   ANALYSIS. 

AUSTRIA-HUXGARY. 

Concluded  July  3,  185G;  Batificaiions  exchanged  at  Washington  December  13, 
1850;  Proclaimed  Decemier  lb,  1856.  • 

Whereas  it  is  found  exx)e(lieiit,  for  the  better  admiuistration  of  justice 
aud  the  prevention  of  crime  within  the  territories  and  jurisdiction  of  the 
parties,  respectively,  that  persons  committing  certain  heinous  crimes,  beinj; 
fugitives  from  justice,  should,  under  certain  circumstances,  he  reciprocally 
delivered  up;  and  also  to  enuuicrate  such  crimes  explicitly;  and  whereas 
the  laws  of  Austria  forbid  the  surrender  of  its  own  citizens  to  a  ioreign 
jurisdiction,  the  Government  of  the  United  States,  with  a  view  of  making 
the  convention  strictly  reciprocal,  shall  beheld  equally  free  from  any  obli- 
gation to  surreuder  citizens  of  the  United  States;  therefore,  on  the  one 
l)art  the  United  States  of  America,  and  on  the  other  part  His  Majesty  the 
Emperor  of  Austria,  having  resolved  to  treat  on  this  subject,  have,  for 
that  purpose,  appointed  their  resi)ectivePlenii)otentiaries,  to  negotiate  and 
conclude  a  convention  ;  that  is  to  say  : 

The  President  of  the  United  States,  William  L.  Marcy,  Secretary  of 
State;  and  His  Majesty  the  Emperor  of  Austria,  John  George  Chevalier  de 
Hiilsemanii,  his  said  Majesty's  Minister  KeMidont  near  the  Governmeut  of 
the  United  States  ;  who,  after  reciprocal  communication  of  their  respective 
powers,  have  agreed  to  and  signed  the  following  articles: 

Articlk  I.  ' 

It  is  agreed  that  the  United  States  and  Austria  shall,  upon  mutual  requi- 
sitions by  them  or  their  ministers,  officers  or  authorities,  respectively  made, 
deliver  up  to  justice,  aid  prrsfuis  who,  being  cliargcd  with  tin*  crime  of 
murder,  or  assault  with  intent  to  commit  munlcr,  or  piracy,  or  arHon,  or 
robbery,  or  forgerj',  or  the  fabrication  or  circulation  of  counterfeit  money, 
whether  coin  or  paper  money,  or  the  cmliezziemcnf  of  imblic  iiu>neyH,  com- 
mitted within  the  jurisdiction  of  either  party,  shall  seek  an  asylum  or  Khali 
be  found  within  the  territories  of  the  other:  Provided,  That  this  shall  only 
be  done  upon  such  evidence  of  criminality  as,  according  to  the  laws  of  the 
place  where,  the  fugitive  or  iierson  so  charged  shall  be  found,  w(Uild  justify 
liis  a]>prehensioti  and  coiuniitmi;nt  for  trial  if  tlie  crime  or  oU'ense  had  there 
been  committed;  and  the  respective  judges  and  other  magistrates  of  the 


22  EXTRADITION. 

two  Governments  shall  have  power,  jurisdiction  and  authority,  upon  com- 
plaint made  under  oath,  to  issue  a  warrant  for  the  apprehension  of  the 
fugitive  or  person  so  charged,  that  he  may  he  brought  hefore  such  judges 
or  other  magistrates,  respectively,  to  the  end  that  the  evidence  of  crimi- 
nality may  be  heard  and  considered  ;  and  if,  on  such  hearing,  the  evidence 
be  deemed  sufficient  to  sustain  the  charge,  it  shall  be  the  duty  of  the  exam- 
ining judge  or  magistrate  to  certify  the  same  to  the  proper  executive  au- 
thority, that  a  warrant  may  issue  for  the  surrender  of  sucn  fugitive.  The 
expense  of  such  apprehension  and  delivery  shall  be  borne  and  defrayed  by 
the  party  who  makes  the  requisition  and  receives  the  fugitive.  The  pro- 
visions of  the  present  convention  shall  not  be  applied,  in  any  manner,  to 
the  crimes  enumerated  in  the  first  article  committed  anterior  to  the  data 
thereof  nor  to  any  crime  or  offense  of  a  political  character. 

Article  II. 

I?either  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own 
citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  III. 

Whenever  any  person  accused  of  any  of  the  crimes  enumerated  in  this 
convention  shall  have  committed  a  new  crime  in  the  territories  of  the  State 
where  he  has  souglit  an  asylum  or  shall  be  found,  such  person  shall  not  be 
.delivered  up,  under  the  stipulations. of  this  convention,  until  he  shall  have 
been  tried,  and  shall  have  received  the  punishment  due  to  such  new  crime, 
or  shall  liave  been  acquitted  thereof. 

Article  IV. 

The  present  convention  shall  continue  in  force  until  the  first  of  Jan- 
uary, eighteen  hundred  and  fifty-eight;  and  if  neither  party  shall  have 
given  to  the  other  six  mouths'  previous  notice  of  its  intention  then  to  ter- 
minate the  same,  it  shall  further  remain  in  force  until  the  end  of  twelve 
months  after  either  of  the  high  contracting  parties  shall  have  given  notice 
to  the  other  of  such  intention  ;  each  of  the  high  contracting  parties  reserv- 
ing to  itself  the  right  of  giving  such  notice  to  the  other  at  any  time  after 
the  expiration  of  ^e  said  first  day  of  January,  1858. 

Article  V. 

The  present  convention  shall  be  ratified  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate  of  the  United  States,  and  by  His  Maj- 
esty the  Emperor  of  Austria,  and  the  ratifications  shall  be  exchanged  at 
Washington  within  six  months  from  the  date  hereof,  or  sooner  if  ])os- 
sible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this  con- 
vention and  have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington,  the  third  day  of  July,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-six,  and  of  the  Indej)end- 
ence  of  the  United  States  the  eightieth. 

[seal.]  W.  L.  Marcy. 

[seal.]  _  HtJLSEMANN. 


EXTEADITIOX.  23 


BADEN. 

Concluded  January  30, 1857 ;  Ilatificaiions  exchanged  at  Berlin  April  21,  1857  ; 

Proclaimed  May  19,  1857. 

Whereas  it  is  found  expedieiit,  for  the  better  admiuistratioo  of  justice 
and  the  preveutlou  of  crime  ^\'ithin  the  territories  and  jurisdiction  of  the 
parties,  respectively,  that  persons  committing  certain,  heinous  crimes,  be- 
ing fugitives  from  justice,  should,  under  certain  circumstances,  be  recipro- 
cally delivered  up;  and  also  to  enumerate  such  crimes  explicitly;  and 
■whereas  the  laws  and  coustitutiou  of  Baden  do  not  allow  its  Government 
to  surrender  its  own  citizens  to  a  foreign  jurisdiction,  the  Government  of 
the  United  States,  with  a  view  of  making  the  convention  strictly  recipro- 
cal, shall  be  held  equally  free  from  any  obligation  to  surrender  citizens  of 
the  United  States  ;  therefore,  on  the  one  ^lart  the  United  States  of  America, 
and  on  the  other  part  His  Koyal  Highness  the  Grand  Duke  of  Baden,  bav- 
in;.^ resolved  to  treat  on  this  subject,  have,  for  that  purpose,  appointed 
their  respective  Plenipotentiaries  to  negotiate  and  conclude  a  convention  ; 
that  is  to  say  • 

The  President  of  the  United  States  of  America,  Peter  D.  Vroom,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  United  States  at  the 
Court  of  the  Kingdom  of  Prussia  ;  and  His  Royal  Highness  the  Grand  Duke 
of  Baden,  Adolph,  Baron  Marschall  de  Biebei stein.  His  said  Royal  High- 
ness's  Envoy  Extraordinary  and  Minister  Plenipotentiary  at  the  Court  of 
His  Majesty  the  Iwng  of  Prussia,  &c.,  &c.,  &c. ; 

Who,  after  reciprocal  communication  of  their  respective  powers,  have 
agreed  to  and  signed  the  following  articles: 

Articlk  I. 

It  is  agreed  that  the  United  States  and  Baden  shall,  upon  mutual  requi- 
sitions by  them,  or  their  ministers,  officers,  or  authorities,  respectively 
made,  deliver  up  to  justice  all  persons  who,  being  charged  with  the  crime 
of  murder,  or  assault  with  intent  to  commit  murder,  or  piracy,  or  arson,  or 
robbery,  or  forgery,  or  the  fabrication  or  circulation  of  counterfeit  money, 
whelhi  r  coin  or  ]iaiier  money,  or  the  cmbezzlemctit  of  public  moneys,  com- 
mitted witliin  the  jurisdiction  of  eilluir  party,  shall  seek  an  asylum,  ov 
shall  be  found  within  the  territories  of  the  otlier:  I'rovided,  That  this  shall 
only  be  done  u])on  su<'h  <'\i(l(!nce  of  crimiiiiility  as,  a<"coi(ling  to  lln^  laws 
of  the  jdacc  wlicie  the  fugitive  or  jierson  so  cliargcid  shall  be  fouiul,  would 
justify  his  appnihension  and  commitment  for  trial,  if  the  crime  or  oflenso 
had  there  Ijecn  committr-d  ;  and  the  respective  judges  and  other  magis- 
trates of  the  twofJovcrnmcnts  shall  have  power,  jurisdiction,  and  author- 
ity, upon  cojnplaint  made  under  oath,  to  issue  a  warrant  for  the  aitpn-licn- 
sion  of  the  fugitive  or  person  so  charged,  that  ho  may  bo  brouiiht  before 
sucli  jndnfrs  or  other  magistrates,  rcspcrlivi^ly,  to  tho  end  that  the  evidence 
of  criminalty  may  be  heard  and  considered;  and  if, on  such  hearing,  the 
evidence  bo  deemed  sufiQcicnt  to  sustain  the  charge,  it  shall  bo  the  duty  of 


24  EXTEADITION. 

the  examining  judge  or  magistrate  to  certify  the  same  to  the  proper  ex- 
ecutive authority,  that  a  warrant  may  issue  for  the  surrender  of  such  fugi- 
tive. 

The  expense  of  such  apprehension  and  delivery  shall  be  borne  and  de- 
frayed by  the  party  who  makes  the  requisition  and  receives  the  fugitive. 

Nothing  in  this  article  contained  shall  be  construed  to  extend  to  crimes 
of  a  political  character. 

Article  II. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own 
citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  III. 

Whenever  any  person  accused  of  any  of  the  crimes  enumerated  in  this 
convention  shall  have  committed  a  new  crime  in  the  territories  of  the 
State  where  he  has  sought  an  asylum  or  shall  be  found,  such  person  shall 
not  be  delivered  up  under  the  stipulations  of  this  convention  until  he  shall 
have  been  tried,  and  shall  have  received  the  punishment  due  to  such  new 
crime,  or  shall  have  been  acquitted  thereof. 


/  Article  IV. 

The  present  convention  shall  continue  in  force  until  the  first  of  January ,^ 
one  thousand  eight  hundred  and  sixty ;  and  if  neither  party  shall  have 
given  to  the  other  six  months'  i)revious  notice  of  its  intention  then  to  ter- 
minate the  same,  it  shall  further  remain  in  force  until  the  end  of  twelve 
months  after  either  of  the  high  contracting  parties  shall  have  given  notice 
to  the  other  of  such  ^itention  ;  each  of  the  high  contracting  parties  reserv- 
ing to  itself  the  right  of  giving  such  notice  to  the  other  at  any  time  after 
the  expiration  of  the  said  first  day  of  January,  one  thousand  eight  hun- 
dred and  sixty. 

Article  V. 

The  present  convention  shall  be  ratified  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate  of  the  United  States,  and  by  the 
Government  of  Baden ;  and  the  ratifications  shall  be  exchanged  in  Berlin 
within  one  year  from  the  date  hereof,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this  con- 
vention, and  have  hereunto  affixed  their  seals. 

Done  in  duplicate,  at  Berlin,  the  thirtieth  day  of  January,  ouo  thousand 
eight  hundred  and  fifty-seven,  and  the  eighty-first  year  of  the  independ- 
ence of  the  United  States. 

[seal.]  p.  D.  Vroom. 

[seal.]  Adolph  bae.  Marschall  de  Bieberstein. 


EXTRADITION.    '  25 


BAVARIA. 

Concluded  September  12,  1853;  Ratifications  exchanged  at  London  Novtmber  1, 
1854  ;  Proclaimed  November  18,  1854. 

The  United  States  of  America  and  His  Majesty  tLe  King  of  Bavaria,  act- 
uated by  an  equal  desire  to  further  the  administration  of  justice,  and  to 
prevent  the  commission  of  crimes  in  their  respective  countries,  taking  into 
consideration  that  the  increased  means  of  communication  between  Europe 
and  America  facilitate  the  escape  of,  otienders,  and  that,  consequently,  pro- 
vision ought  to  be  made  in  order  that  the  ends  of  justice  shall  not  be  de- 
feated, have  determined  to  conclude  an  arrangement  destined  to  regulate 
the  course  to  be  observed  in  all  cases  with  reference  to  the  extradition  of 
such  individuals  as,  having  committed  any  of  the  offenses  hereafter  enu- 
merated, in  one  country,  shall  have  taken  refuge  within  the  territories  of 
the  other.  The  constitution  and  laws  of  Bavaria,  however,  not  allowing 
the  Bavarian  Government  to  surrender  their  own  subjects  for  trial  before 
a  foreign  court  of  justice,  a  strict  reciprocity  requires  that  the  Govern- 
ment of  the  United  .States  shall  be  held  equally  free  from  any  obligation 
to  surrender  citizens  of  the  United  States.  For  which  purposes  the  high 
contracting  powers  have  appointed  as  their  Plenipotentiaries: 

The  President  of  the  United  States,  James  Buchanan,  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  of  the  United  States  at  the  Court  of  tho 
United  Kingdom  of  Great  Britain  and  Ireland ;  His  Majesty  the  King  of 
Bavaria,  Augustus  Baron  de  Cetto,  his  said  Majesty's  Chamberlain,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  at  the  Court  of  Her  Majesty 
the  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  Knight 
Commander  of  the  Order  for  Merit  of  the  Bavarian  Crown  and  of  the  Order 
for  Merit  of  St.  Michael,  Knight  Grand  Cross  of  the  Royal  Grecian  Order 
of  our  Saviour ; 

Who,  after  reciprocal  communication  of  their  respective  full  powers, 
found  in  good  and  due  form,  have  agreed  to  the  following  articles  : 

AKTI<r,F,    I. 

The  Government  of  tho  United  Sliitrs  and  the  Bavarian  Governmont 
promise  and  engage,  upon  mutual  re(inisitions  by  them  or  thiiv  ministers, 
oflicers  or  authorities,  re.spectivcriy  made,  to  deliver  uji  to  jiiNti<T  all  per- 
sons who,  being  charged  with  the  crime  of  murder,  or  assault  with  intent 
to  commit  iiiurder,  or  piracy,  or  arson,  or  robbery,  oi-  forgery,  or  the  utter- 
aucoof  forged  pajjers,  or  the  fabrication  or  ciriuialion  of  ((MMiterreit  money, 
whether  coin  or  ])aper  money,  or  the  embezzlement  of  public  moneyM,  com- 
mitted within  the  jurisdiction  of  eitlicM-  i)arty,  shall  seek  an  .asylum,  or 
shall  be  found  within  the  territories  of  the  olln-r:  I'rovidrd,  That  thisslijill 
only  be  done  upon  snch  evidence  of  uriminality  as,  according  to  the  laws 
of  the  place  where  the  fugitive  or  person  so  charged  shall  lie  found,  would 
justify  his  apjirehcnsioM  ami  comniitnient  for  trial,  if  the  crime  or  <il1'cnHo 
had  there  been  committed;  au<l  the  respective  ju(lg<;s  and  other  niJigis- 
trates  of  the  two  Governmcnta  shall  have  power,  jurisdiction  and  authority/ 


26  EXTRADITION. 

upon  complaint  made  under  oath,  to  issue  a  warrant  for  the  apprehension 
of  the  fugitive  or  person  so  charged,  that  he  may  be  brought  before  such 
judges  or  other  nuigistrates  respectively,  to  the  end  that  the  evidence  of 
crimiuality  may  be  heard  and  considered  ;  and  if,  on  such  hearing,  the  evi- 
dence be  deemed  sufficient  to  sustain  tlie  charge,  it  shall  be  the  duty  of  the 
examiuing  judge  or  magistrate  to  certify  the  same  to  the  proper  executive 
authority,  that  a  warrant  may  issue  for  the  surrender  of  such  fugitive. 

The  expense  of  such  apprehension  and  delivery  shall  be  borne  and  de- 
frayed by  the  party  who  makes  the  requisition  and  receives  the  fugitive. 

Article  II. 

The  stipulations  of  this  convention  shall  be  applied  to  any  other  State 
of  the  German  Confederation  which  may  hereafter  declare  its  accession 
thereto. 

Article  III. 

None  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own  citi- 
zens or  subjects  under  the  stipulations  of  this  convention. 

Article  IV. 

Whenever  any  person,  accused  of  any  of  the  crimes  enumerated  in  this 
convention,  shall  have  committed  a  new  crime  in  the  territories  of  the 
State  where  he  has  sought  an  asylum  or  shall  be  found,  such  person  shall 
not  be  delivered  up  under  the  stipulations  of  this  convention  until  he  shall 
have  been  tried  and  shall  have  received  the  punishment  due  to  such  new 
crime,  or  shall  have  been  acquitted  thereof. 

ARTICLb  V. 

The  present  convention  shall  continue  in  force  until  the  first  of  Jan- 
nary,  one  thousand  eight  hundred  and  fifty-eight ;  and  if  neither  party 
shall  have  given  to  the  other  sis  months'  previous  notice  of  its  intention 
then  to  terminate  the  same,  it  shall  further  remain  in  force  until  the  end  of 
twelve  months  after  either  of  the  high  contracting  parties  shall  have  given 
notice  to  the  other  of  such  intention  ;  each  of  the  high  contracting  parties 
reserving  to  itself  the  right  of  giving  such  notice  to  the  other  at  any  time 
after  the  expiration  of  the  said  first  day  of  January,  one  thousand  eight 
hundi'ed  and  fifty-eight. 

Article  VI. 

The  present  convention  shall  be  ratified  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate  of  the  United  States,  and  by  the  Gov- 
ernment of  Bavaria,  and  the  ratifications  shall  be  exchanged  in  London 
within  fifteen  months  from  the  date  hereof,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have,  signed  this  con- 
vention and  have  hereunto  aflixed  their  seals. 

Done  in  duplicate,  in  London,  the  twelfth  day  of  September,  one  thou- 
sand eight  hundred  and  fifty-three,  and  the  seventy-eighth  year  of  the 
independence  of  the  United  States. 

[seal]  James  Buchanan. 

[seal.]  a.  de  Cetto. 


EXTRADITION.  27 


BELGIUM. 

Concluded  March  19,  1874  ;  Rai'tficattom  exchanged  at  Brussels  April  30,  1874; 

Proclaimed  Alaij  1, 1874. 

The  United  States  of  America  and  His  Majesty  the  King  of  the  Belgians 
having  judged  it  expedient  frith  a  view  to  the  better  admiuistration  of  jus- 
tice, and  to  the  prevention  of  crimes  within  their  respective  territories  and 
jurisdiction  that  persons  convicted  of,  or  charged  with,  the  crimes  hereinaf- 
ter specified,  and  being  fugitives  from  justice  should,  under  certain  circum- 
stances, be  reciprocally  delivered  up,  have  resolved  to  conclude  a  conven- 
tion for  that  purpose,  and  have  appointed  as  their  Plenipotentiaries :  the 
President  of  the  United  States  of  America,  Hamilton  Fish,  Secretary  of  State 
of  the  United  States;  and  His  Majesty 'the  King  of  the  Belgians,  Maurice 
Delfosse,  His  Majesty's  Envoy  Extraordinary  and  Minister  Plenipotentiary 
in  the  United  States,  who  after  reciprocal  communication  of  their  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  the  following  arti- 
cles, to  wit : 

Article  I. 

The  Go%-ernment  of  the  United  States  and  the  Government  of  Belgium 
mutually  agree  to  deliver  up  persons,  who  having  been  convicted  of,  or 
charged  with  any  of  the  crimes  specilied  in  the  following  Article,  committeil 
within  the  jurisdiction  of  one  of  the  contracting  parties,  shall  seek  an  asy- 
lum, or  be  found  within  the  territories  of  the  other:  Provided  that  this 
shall  only  be  done  ui»on  such  evidence  of  criminality  as  according  to  the 
laws  of  the  ])lace  where  the  fugitive  or  person  so  charged  shall  be  found, 
would  justify  his  or  her  apprehension  and  commitment  for  trial,  if  the  crime 
had  been  there  committed. 

Akticlr  II. 

« 

•Persons  shall  be  delivered  up  who  shall  have  been  convicted  of  or  bo 
charged,  according  to  the  provisions  of  this  Convention,  with  any  of  th(^ 
following  crimes: 

1.  Murder,  comprehending  the  crimes  designated  in  the  Belgian  penal- 
code  by  the  terms  of  jiarricide,  assassination,  pmsoiiing  and  infanticide. 

2.  The  attempt  to  commit  murder. 

:i.  The  crimes  of  rape,  arson,  piracy  and  mutiny  on  board  a  ship,  when- 
ever the  crew  or  part  lliereof,  by  fraud  or  violence  against  the  commander, 
have  taken  iiosHcssjon  oCtho  vessel. 

4.  The  crime,  of  burglary,  defined  to  bo  the  act  of  breaking  and  entering 
by. night  into  the  house  of  another  witli  tlie  intent  to  commit  felony  :  and 
the  crime  of  robbery,  dcfmi'd  to  be  the  act  of  feloniously  and  forcibly  tak- 
ing from  the  ])er8on  of  anotliiT,  gorxls  or  nutncy  by  violence  or  ]iultiiig  liiiu 
in  fear,  and  the  corresponding  crimes  punisliod  by  the  Belgian  laws  under 
the  description  of  thefts  committed  in  an  inhabited  house  by  night,  and  by 


28  EXTRADITION. 

breaking  in  by  climbing  or  forcibly;  and  thefts  committed  witb  violence 
or  by  means  of  threats. 

5.  Tlie  crime  of  forgcuy,  by  which  is  understood  the  utterance  of  forged 
papers,  and  also  the  counterfeiting  of  public,  sovereign  or  government 
acts. 

6.  The  fabrication  or  circulation  of  counterfeit  money  either  coin  or 
l^aper,  or  of  counterfeit  public  bonds,  bank  notes,  obligations  or,  in  general, 
anything  being  a  title  or  instrument  of  credit ;  the  counterfeiting  of  seals, 
dies,  stamjjs  and  marks  of  state  and  public  administrations,  and  the  utter- 
ance thereof. 

7.  The  embezzlement  of  public  moneys  committed  within  the  jurisdiction 
of  either  party  by  public  officers  or  depositaries. 

8.  Embezzlement  by  any  person  or  persons,  hired  or  salaried,  to  the  detri- 
ment of  their  employers  when  the  crime  is  subject  to  punishment  by  the 
laws  of  the  place  where  it  was  committed. 

AUTICLE  III. 

The  provisions  of  this  treaty  shall  not  apj>ly  to  any  crime  or  offence  of  a 
political  character  nor  to  any  crime  or  offence  committed  jjrior  to  the  date 
of  this  treaty,  except  the  crimes  of  murder  and  arsou,  and  the  person  or 
persons  delivered  up  for  the  crimes  enumerated  in  the  preceding  article  shall 
in  no  case  be  tried  for  any  crime  committed  previously  to  that  for  which 
his  or  their  surrender  is  asked. 

Article  IV. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own 
citizens  or  subjects  under  the  stipulations  of  this  Convention. 

Article  V. 

If  the  person  whose  surrender  may  be  claimed  pursuant  to  the  stipula- 
tions of  the  present  treaty  shall  have  been  arrested  for  the  commission  rtf 
offences  in  the  country  where  he  has  sought  an  asylum,  or  shall  have  been 
convicted  thereof,  his  extradition,  may  be  deferred  until  he  shall  have  been 
acquitted,  or  have  served  the  term  of  imprisonment  to  which  he  may  have 
been  sentenced. 

Article  VI. 

Eequisitions  for  the  surrender  of  fugitives  from  justice  shall  be  made  by 
the  respective  diplomatic  agents  of  the  contracting  parties,  or,  in  the  event 
of  the  absence  of  these  from  the  country  or  its  seat  of  government,  they 
may  be  made  by  superior  consular  officers. 

If  the  person  whose  extradition  may  be  asked  for  shall  have  been  con- 
victed of  a  crime,  a  copy  of  the  sentence  of  the  court  iu  which  he  may  have 
been  convicted,  authenticated  under  its  seal,  and  an  attestation  of  the  offi- 
cial character  of  the  judge  by  the  proper  executive  authority,  and  of  the 
latter  by  the  Minister  or  Consul  of  the  United  States  or  of  Belgium,  respect- 
ively, shall  accompany  the  requisition.  When,  however,  the  fugitive 
shall  have  been  merely  charged  with  crimej  a  duly  anthenticated  copy  of 


EXTBADITIOX.  29 

the  warrant  for  his  arrest  iu  the  country  where  the  crime  may  have  been 
committed  and  of  the  depositions  upon  which  such  warrant  may  have  been 
issued,  must  accompany  the  requisition  as  aforesaid.  The  President  of  the 
United  States,  or  the  proper  executive  authority  in  Belgium,  may  then  is- 
sue a  warrant  for  the  apprehension  of  the  fugitive,  in  order  that  he  may 
be  brought  before  the  proper  judicial  authority  for  examination.  If  it 
shouW  then  be  decided  that,  according  to  the  hiw  and  the  evidence,  the 
extradition  is  due  pursuant  to  the  treaty,  the  fugitive  may  be  given  up  ac- 
cording to  the  forms  prescribed  in  such  cases. 

Article  VII. 

The  expenses  of  the  arrest,  detention  and  transportation  of  the  persons 
claimed  shall  be  paid  by  the  government  in  whose  name  the  requisition 
has  been  made. 

AUTICLE  VIII. 

This  Convention  shall  take  effect  twenty  days  after  the  day  of  the  date 
of  the  exchange  of  ratifications,  and  shall  continue  in  force  during  live 
years  from  the  day  of  such  exchange  ;  but  if  neither  party  shall  have  given 
to  the  other  six  months'  previous  notice  of  its  intention  to  terminate  the 
same,  the  Convention  shall  remain  in  force  five  years  longer,  and  so  on. 

The  present  Convention  shall  be  ratified,  and  the  ratifications  exchanged 
at  Brussels  so  soou  thereafter  as  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the  pres- 
ent Convention  in  duxdicate,  and  have  thereunto  affixed  their  seals. 

Done  at  the  city  of  Washington,  the  19th  day  of  March,  Anno  Domini 
one  thousand  eight  hundred  and  seventy-four. 

[SKAL.]  .  HaMILTOX   FiSIC. 

[seal.]  Maukick  Dklkosse. 


Concluded  June  113,  1882;  Hulificalions  cxcluiufjvd  at  Jf'anhlugtoii  Xovember  IS, 
1882;  rioclaUmd  November  20,  1882. 

The  United  States  of  America  and  his  Majesty  the  King  of  the  Belgians, 
b.avingjiidgeditexpediciit  witha  view  to  the  better  ad  ministration  of  just  ice 
and  the  [irevcrition  of  crime  within  th<:ir  respc^ctive  territoriesaiid  jinisdic- 
tions,  that  persons  charged  with  or  convicted  of  the  crimes  and  ofVenoos 
hereinafter  (!inim«:rate,(l,  and  being  fiigitivi'S  from  jiisficr,  Hlu)n]il,  iindi'i- 
curtain  circumstances,  ij(!  recijuocaily  delivered  up,  have  resolved  to  con- 
clude a  new  Convention  for  that  purpose,  and  have  appointed,  as  their 
Plenipotentiaries:  the  Pn'sidciit  of  Hie  United  States,  Frederick  T.  Froling- 
liuysen,  Secnttary  of  State  of  tln^  United  States  ;  and  His  Majesty  the  King 
of  the  Belgians,  Mr.  Th(/odore  do  Bwunder  de  MeIsl)roeck,  Commander  of 
His  Order  of  Le(»pold,  etc.,  etc.,  His  Envoy  Extraordinary  and  Minister 
Plenipotentiary  near  the  fJovcrnnicnl   of  Ihe  rnitcd   States;  who,  after 


30  EXTRADITION. 

having  communicated  to  each  other  their  respective  full  powers  found  in 
good  aud  due  form,  have  agreed  upon  and  concluded  the  following  articles: 

Article  I. 

The  Government  of  the  United  States  and  the  Government  of  Belgium, 
mutually  agree  to  deliver  up  persons  who,  having  been  charged,  as  i^rin- 
cipals  or  accessories,  with  or  convicted  of  any  of  the  crimes  aud  offences 
specihed  in  the  following  article,  committed  within  the  jurisdiction  of  one 
of  the  contracting  parties,  shall  seek  an  asylum,  or  be  found  within  the 
territories  of  the  other :  Provided  that  this  shall  only  be  done  upon  such 
evidence  of  criminality  as,  according  to  the  laws  of  the  place  where  the 
fugitive  or  person  so  charged  shall  be  found,  would  justify  his  or  her  ap- 
prehension aud  commitment  for  trial  if  the  crime  had  been  there  com- 
mitted. 

Article  II. 

Persons  shall  be  delivered  up  who  shall  have  been  convicted  of  or  be 
charged,  according  to  the  provisions  of  this  convention,  with  any  of  the 
following  crimes : 

1.  Murder,  comprehending  the  crimes  designated  in  the  Belgian  penal 
code,  by  the  terms  of  parricide,  assassination,  poisoning  and  infanticide. 

2.  The  attempt  to  commit  murder. 

3.  Rape,  or  attempt  to  commit  rap«.     Bigamy.     Abortion. 

4.  Arson. 

5.  Piracy  or  mutiny  on  shipboard  whenever  the  crew,  or  part  thereof, 
shall  have  taken  possession  of  the  vessel  by  fraud  or  by  violence  against 
the  commander. 

6.  The  crime  of  burglary,  defined  to  be  the  act  of  breaking  and  entering 
by  night  into  the  house  of  another  with  the  intent  to  commit  felony  ;  and 
the  crime  of  robbery,  defined  to  be  the  act  of  feloniously  and  forcibly  tak- 
ing from  the  person  of  another  money  or  goods  by  violence  or  putting  him 
in  fear ;  and  the  corresponding  crimes  punished  by  the  Belgian  laws  under 
the  description  of  thefts  committed  in  an  inhabited  house  by  night,  and 
by  breaking  in  by  climbing  or  forcibly,  aud  thefts  committed  with  violence 
or  by  means  of  threats. 

7.  The  crime  of  forgery,  by  which  is  understood  the  utterance  of  forged 
papers,  and  also  the  counterfeiting  of  public,  sovereign  or  governmental 
acts. 

8.  The  fabrication  or  circulation  of  counterfeit  money,  either  coin  or 
paper,  or  of  counterfeit  public  bonds,  coupons  of  the  public  debt,  bank- 
notes, obligations,  or  in  general,  anything  being  a  title  or  instrument  of 
credit;  the  counterfeiting  of  seals  and  dies,  impressions,  stamps  and  marks 
of  state  and  public  administrations,  and  the  utterance  thereof. 

9.  The  embezzlement  of  public  moneys  committed  within  the  jurisdiction 
of  either  party  by  public  officers  or  depositaries. 

10.  Embezzlement  by  any  person  or  persons,  hired  or  salaried,  to  the 
detriment  of  their  employers,  when  the  crime  is  subject  to  punishment  by 
the  laws  of  the  place  where  it  was  committed. 

11.  Willful  and  unlawful  destruction  or  obstruction  of  railroads  which 
endangers  human  life. 


EXTRADITION.  3 1 

12.  Reception  of  articles  obtained  by  means  of  one  of  the  ciimes  or 
offences  provided  for  by  tbe  present  convention. 

Extradition  may  also  be  granted  for  tbe  attempt  to  commit  any  of  tbe 
crimes  above  enumerated  wben  sucb  attempt  is  iniuishable  by  tbe  laws  of 
botb  contracting  parties. 

Article  III. 

A  person  surrendered  under  tbis  convention,  sball  not  be  tried  or  punisbcd 
in  tbe  country  to  wbicb  bis  extradition  bas  been  granted,  nor  given  up 
to  a  tbird  power  for  a  crime  oV  offence,  not  provided  for  by  tbe  present  con- 
vention and  committed  previously  to  bis  extradition,  nntil  be  sball  bave 
been  allowed  one  moutb  to  leave  tbe  country  after  baving  been  discbarged; 
and,  if  be  sball  have  been  tried  and  condemned  to  punisbment,  be  shall 
be  allowed  one  month  after  having  suffered  his  penalty  or  having  been  par- 
doned. 

He  sball  moreover  not  be  tried  or  punished  for  any  crime  or  offence  pro- 
vided for  by  tbis  convention  committed  iirevious  to  his  extradition,  other 
than  that  wbit-b  gavei'iseto  the  extradition,  without  tbe  consent  of  the 
Government  wbicb  surrendered  him,  which  may,  if  it  think  proiier,  require' 
tbe  production  of  one  of  the  documents  mentioned  in  Article  7  of  this  con- 
vention. 

Tbe  consent  of  that  Government  shall  likewise  be  re(iuired  for  the  extra- 
dition of  tbe  accused  to  a  tbird  country  ;  nevertheless  such  consent  sball 
not  be  necessary  when  the  accused  shall  have  asked  of  bis  own  accord  to  be 
tried  or  to  undergo  bis  punishment,  or  when  bo  shall  not  bave  left  within 
tbe  space  of  time  above  specilied  the  territory  of  tbe  country  to  which  ho 
has  been  surrendered. 

Article  IV. 

The  provisions  of  this  convention  shall  not  bo  applicable  to  persousgu:lty 
of  any  jiolitical  crime  or  offence  or  of  one  connected  with  such  a  crime  or 
offence.  A  person  who  bas  been  surrendered  on  account  of  oue  of  the 
common  crimes  or  offences  mentioned  in  Article  II.,  shall  conseciueutly  in 
no  case  be  prosecuted  and  punished  in  the  state  to  wbicb  his  cxlraditioii 
has  been  granted  on  account  of  a  political  crime  or  ollence  committed  by 
him  jucviously  to  bis  extradition  or  on  accou.  t  of  an  act  couuccted  witii 
sucb  a  iiolili)  al  crinur  or  otl'eiicc,  unless  li<^  bas  been  at  liberty  to  icavt^  lln- 
country  for  oue  mouth  after  baving  boon  tried  and,  in  case  of  (^oudcmnntiou, 
for  one  moutb  after  having  sud'ered  his  ])uuiHbm<'ut  or  having  been  par- 
«loued. 

An  attemjitagainst  tbolif»!of  the  bead  of  a  fonugu  govornment,  or  against 
that  of  any  member  of  his  family  wluui  suirb  attempt  comprises  llie  art 
either  of  murder  or  assaHsinatiim,  or  of  poisoning,  shall  not  be  considered 
a  political  ollVuce  or  an  act  connected  with  sucb  an  olleiice. 

AuricLE  V. 

Neither  of  tbe  contracting  parties  sball  b(>  bound  to  deliver  up  its  own 
citizens  or  fiubjects  under  tbe  stipulaticnis  of  tliis  convention. 


32  EXTRADITION. 

Article  VI. 

If  Ibe  person  whoso  surrender  may  be  claimed  pursuant  to  the  stipula- 

tious  of  the  present  treaty  shall  have  been  arrested  for  the  commission  of 

offences  in  the  country  where  he  lias  sought  an  asylum,  or  shall  have  been 

convicted  thereof,  his  extradition  may  be  deferred  until  he  shall  have  been 

acquitted,  or  have  served  the  term  of  imprisonment  to  which  he  may  havo 

been  sentenced. 

AnxiCLE  VII. 

Requisitions  for  the  surrender  of  fugifives'from  justice  shall  be  made  by 
the  respective  diplomatic  agents  of  the  contracting  parties,  or,  in  the  event 
of  the  absence  of  these  from  the  country  or  its  seat  of  government,  they 
may  be  made  by  superior  consular  officers. 

If  the  person  whose  extradition  may  be  asked  for  shall  have  been  con- 
victed of  a  crime  or  ofi'ence,  a  copy  of  the  sentence  of  the  court  in  which  he 
may  have  been  convicted,  authenticated  under  its  seal,  and  attestation  of 
the  official  character  of  tbe  judge  by  the  proper  executive  authority,  and  of 
the  latter  by  the  minister  or  consul  of  the  United  States  or  of  Belgium,  re- 
spectively, shall  accompany  the  requisition.  When,  however,  the  fugitive 
shall  have  been  merely  charged  with  crime,  a  duly  authenticated  copy  of 
the  warrant  for  his  arrest  in  the  country  where  the  crime  may  have  been 
committed,  aud  of  the  depositions  upon  which  such  warrant  maj-  have  been 
issued,  must  accompany  the  requisition  as  aforesaid. 

The  President  of  the  United  States,  or  the  proper  executive  authority  in 
Belgium,  may  then  issue  a  warrant  for  the  apprehension  of  the  fugitive,  in 
order  that  he  may  be  brought  before  the  proper  ju-licial  authority  for  ex- 
amination. If  it  should  then  be  decided  that,  according  to  the  law  and 
the  evidence,  the  extradition  is  due  pursuant  to  the  treaty,  the  fugitive 
may  be  given  up  according  to  the  forms  prescribed  in  such  cases. 

Article  VIII. 

The  expenses  of  the  arrest,  detention  and  transportation  of  the  persons 

claimed  shall  be  paid  by  the  government  in  whose  name  the  requisition  has 

been  made. 

Article  IX. 

Extradition  shall  not  be  granted,  in  pursuance  of  the  provisions  of  this 
convention,  if  legal  proceedings  or  the  enforcement  of  the  penalty  for  the 
act  committed  by  the  person  claimed,  has  become  barred  by  limitation,  ac- 
cording to  the  laws  of  the  country  to  which  the  requisition  is  addressed. 

Article  X. 

All  articles  found  in  the  possession  of  the  accused  party  and  obtained 
through  the  commission  of  the  act  with  which  he  is  charged,  or  that  may 
be  used  as  evidence  of  the  crime  for  which  his  extradition  is  demanded, 
shall  be  seized  if  the  competent  authority  shall  so  order,  and  shall  be  sur- 
rendered with  his  person. 

The  rights  of  third  parties  to  the  articles  so  fouud  shall  nevertheless  be 
respected. 


EXTRADITION.  33 

Article  XI. 

The  present  convention  shall  take  eftect  thirty  days  after  the  exchange 
of  ratifications. 

After  it  shall  have  taken  eifect,  the  convention  of  March  19,  1874,  shall 
cease  to  be  in  force  and  shall  be  superseded  by  the  present  convention 
which  shall  continue  to  have  bindinj^  force  for  six  months  after  a  desire  for 
its  termination  shall  have  been  expressed  in  due  form  by  one  of  the  two 
governments  to  the  other. 

It  shall  be  ratified  and  its  ratifications  shall  be  exchanged  at  Washington 
as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the  above 
articles,  both  in  the  English  and  French  languages,  and  they  have  thereunto 
afiixed  their  seals. 

Done  in  duplicate,  at  the  city  of  Washington,  this  thirteenth  day  of 
June,  18.^-2. 

[seal.]  Fredk.  T.  Frelixghuysen'. 

[seal.]  Thke.  de  Bounder  de  Melsbroeck. 


BRE3IEX. 


Concluded  September  6,  1853 ;  Ratificatiom  exchanged  at  Waahington  Ocioher 
14,  1853 ;  Proclaimed  October  15,  1853. 

[Translation.] 

Whereas  a  Convention  forthe  mutual  delivery  of  criminals  f ugitive.-*  from 
justic<>,  in  certain  cases,  between  Prussia  and  other  states  of  the  Germanic 
Confederation,  on  the  one  part,  and  the  Uuited  States  of  North  America  on 
the  other  part,  was  concluded  at  Washington,  on  the  16th  June,  185*2,  by 
the  Plenipotentiaries  of  the  contracting  parties,  and  was  subseqncutly  duly 
ratified  on  tin-  part  of  the  contracting  governments;  and  whereas,  jmrsii- 
ant  to  the  second  article  of  the  said  convention,  the  United  States  have 
agreed  that  thestipuiationsof  said  convention  sliall  be  apjilied  !o  any  other 
.State  of  the  Germanic  Confederation  which  might  Hulise(iuently  declare  its 
accession  thereto:  Therefore  the  Senate  of  the  free  Hanseatic  city  of  Bre- 
men accordingly  hcn-by  declares  their  accession  to  the  said  convention  of 
the  si.vteenth  June,  lr*'>'.>,  wiiicli  is  literally  as  follows: 

[A  copy  of  the  convention  of  the  sixteenth  of  Juno,  18.5'.>,  between  tiie 
United  States  and  Prussia  and  other  Germanic  States  is  hero  inserted  :] 

And  hereby  ex]>n!Hsly  pirmiises  that  all  and  every  one  of  the  articles  ami 
jiro visions  containe<l  in  tlu^said  convention  Hhall  he  laiihlnlly  observed  and 
executed  within  the  dominion  of  the  free  IhiiiHeatic  city  of  Bremen. 

In  faith  whereof  the  Presidentof  the  Senate  has  executed  thejiresent  dec- 
laration of  accession,  and  has  caused  the  gn'at  seal  of  Bremen  t"  1>e  ndixed 
to  th<:  same. 

Done  at  Bremi-n  the  sixth  day  of  September,  eighteen  hnndrerl  an<l  fifty- 
three. 

The  President  of  the  Senate, 

[seal.]  Smidt 

Brkims. 

Sicreinrij. 

S.  E."v.  65 .} 


34  EXTRADITION. 

DOMINICAN  REPUBLIC. 

Concluded  Fehruarij  8, 1867 ;  Ratification  exchanged  at  Santo  Domingo  October 
5, 1867  ;  Proclaimed  October  24,  1867. 

Article  XXVII. 

The  United  States  of  America  and  tbe  Dominican  Republic,  on  requisitions 
made  in  their  name  through  the  medium  of  their  respective  Diplomatic 
and  Consular  agents,  shall  deliver  up  to  justice  persons  who,  being  charged 
with  the  crimes  enumerated  iu  the  following  article,  committed  within  the 
jurisdiction  of  the  requiring  party,  shall  seek  asylum,  or  shall  be  found 
within  the  territories  of  the  other :  Provided,  That  this  shall  be  done  only 
when  the  fact  of  the  commission  of  the  crime  shall  be  so  established  as  to 
justify  their  apprehension  and  commitment  for  trial,  if  the  crime  had  been 
committed  in  the  country  where  the  loersons  so  accused  shall  be  found  ;  iu 
all  of  which  the  tribunals  of  said  country  shall  proceed  and  decide  accord- 
ing to  their  own  laws. 

Article  XXVIII. 

Persons  shall  be  delivered  up  according  to  the  provisions  of  this  conven- 
tion, who  shall  be  charged  with  any  of  the  following  crimes,  to  wit:  Mur- 
der, (including  assassination,  parricide,  infanticide,  and  poisoning;)  at- 
tempt to  commit  murder;  rape;  forgery;  the  counterfeiting  of  money; 
arson;  robbery  with  violence,  intimidation,  or  forcible  entry  of  an  inhab- 
ited house ;  piracy  ;  embezzlement  by  iiublic  officers,  or  by  persons  hired 
or  salaried,  to  the  detriment  of  their  employers,  when  these  crimes  are  sub- 
ject to  infamous  punishment. 

Article  XXIX. 

On  the  part  of  each  country  the  surrender  shall  be  made  only  by  the  au- 
thority of  the  Executive  thereof.  The  expenses  of  detention  and  delivery, 
effected  in  virtue  of  the  preceding  articles,  shall  be  at  the  cost  of  the  party 
making  the  demand. 

Article  XXX. 

The  provisions  of  the  foregoing  articles  relating  to  the  surrender  of  fugi- 
tive criminals. shall  not  apply  to  offences  committed  before  the  date  here- 
of, nor  to  those  of  a  political  character. 


ECUADOR. 


Concluded  June  28,  1872  ;  Patifications  exchanged  at  Quito  November  12,  1873; 

Proclaimed  December  24,  1873. 

The  United  States  of  America  and  the  Republic  of  Equador  having 
deemed  it  conducive  to  the  better  administration  of  justice  and  the  preven- 
tion of  crime  within  their  respective  territories,  that  all  persons  convicted 
of,  or  accused  of  the  crimes  enumerated  below,  being  fugitives  from  justice, 
shall  be,  under  certain  circumstances  reciprocally  delivered  up,  have  re- 


EXTEADIT10¥.  35 

eolved  to  coacltule  a  treaty  upon  the  subject,  and  the  President  of  the 
United  States  has  for  this  purpose  uanied  Rumsey  Wing,  a  citizen  of  the 
United  States,  and  their  Minister  Eesidf  nt  in  Ecuador,  as  Plenipotentiary 
on  the  part  of  the  United  States ;  and  the  President  of  Ecuador  has  named 
Francisco  Tavier  Leon,  Minister  of  the  Interior  and  of  Foreign  Affairs,  as 
Plenipotentiary  on  the  part  of  Ecuador  ;  -who  having  reciprocally  commu- 
nicated their  full  powers,  and  the  same  having  been  found  in  good  and  due 
form,  have  agreed  UT)on  the  following  articles,  viz: 

Akticle  I. 

The  Government  of  the  United  States,  and  the  Government  of  Ecuador 
mutually  agree  to  deliver  up  such  persons  as  may  have  been  convicted  of, 
or  may  be  accused  of  the  crimes  set  forth  in  the  following  article,  commit- 
ted within  the  jurisdiction  of  one  of  the  contracting  parties,  and  who  may 
have  sought  refuge,  or  be  found  within  the  Territory  of  the  other :  it  being 
understood  that  this  is  only  to  be  done  when  the  crinunality  shall  be  proved 
in  such  manner  that  according  to  the  laws  of  the  country,  where  the  fugi- 
tive or  accused  may  be  found  such  persons  might  be  lawfully  arrested  and 
tried,  had  the  crime  been  committed  within  its  jurisdiction. 

Article  II. 

Persons  convicted  of  or  accused  of  any  of  the  following  crimes  shall  be  de- 
livered up,  in  accordance  with  the  provisions  of  this  Treaty. 

Ist.  Murder,  including  assassination,  parricide,  infanticide  and  poison- 
ing. 

•2nd.  Thecrimeof  rape,  arson,  piracy,  and  mutiny  on  ship-board  when  the 
crew  or  a  part  thereof,  by  fraud  or  violence  against  the  commanding  olilicer 
have  taken  possession  of  the  vessel. 

3rd.  The  crime  of  Iturglary,  this  being  understood  as  the  act  of  breaking  or 
forcing  an  entrance  into  another's  house  with  intent  to  commit  any  crime, 
and  the  crime  of  robbery,  this  being  defined  as  tlie  act  of  taking  from  the 
person  of  another,  goods  or  money  with  criminal  intent,  using  violence  or 
intimidations. 

4th.  The  crime  of  forgery:  which  is  nnderstood  to  be  the  wilful  use  or 
circulation  of  forged  papers  or  public  documents. 

5th.  The  fabrication  or  circulation  of  counterfeit  money, either  coin  or 
jiaper,  of  public  bonds,  bank  bills  and  securiti«-H,  and  in  general  of  any  kind 
of  tith'stoor  instruincnts  of  credit,  the  counterfeiting  of  staujps,  dies,  seals 
and  marks  of  the  State,  and  of  the  administrative  autliorities,  and  the  sale 
or  <-ircnIat  ion  thereof, 

Gtli.  Kmbezzltrmentof  public  property,  committed  within  the  jurisdiction 
of  either  party  by  public  odicers  «)r  depositaries. 

Anxici-E   III. 

The  stipulations  of  this  trcjity  sball  not  be  applicable  to  criim-H  or  of- 
fences rjf  a  pfditical  character ;  and  the  person  or  persons  delivered  up 
charged  with  the  crimes  specilied  in  th*'  foregnlng  article  shall  not  be  jiros- 
ecnted  for  any  crime  committed  jirevionsly  to  that  fi>r  \vlii<li  I'-  ■•'  'heir 
extratlition  may  bo  awkcd. 


36  EXTRADITION. 

Article  IV. 

If  the  person  whose  extradition  may  have  been  applied  for  in  accordance 
with  the  stipulations  of  the  present  treaty,  shall  have  been  arrested  for  of- 
fences coiumitted  in  the  country  where  he  has  sought  refuge,  or  if  he  shall 
have  been  sentenced  therefor,  his  extradition  may  be  deferred  until  his  ac- 
quittal, or  the  expiration  of  the  term  for  which,  he  shall  have  been  sen- 

tencod. 

Article  V. 

Requisitions  for  the  extradition  of  fugitives  from  justice  shall  be  made 
by  the  respective  diplomatic  agents  of  the  contracting  parties,  or  in  case 
of  the  absence  of  these  from  the  country  or  its  capital,  they  may  be  made 
by  superior  Consular  ofiQcers.  If  the  person  whose  extradition  is  asked 
for  shall  have  bed  convicted  of  a  crime,  the  requisition  must  be  accom- 
panied by  a  copy  of  the  sentence  of  the  Court  that  has  convicted  him,  au- 
thenticated under  its  seal,  and  an  attestation  of  the  official  character  of 
the  judge  who  has  signed  it,  made  by  the  proper  executive  authority  ;  also 
by  an  authentication  of  the  latter  by  the  Minister  or  Consul  of  the  United 
States  or  Eqnador  respectively.  On  the  contrary  however,  when  the  fugi- 
tive is  merely  charged  with  crime,  a  duly  authenticated  copy  of  the  war- 
rant for  his  arrest  in  the  country  where  the  crime  has  been  committed,  and 
of  any  evidence  in  writing  upon  which  such  warrant  may  have  been  is- 
sued, must  accompany  the  aforesaid  requisition.  The  President  of  the 
United  States  or  the  proper  executive  authority  of  Ecuador,  may  then  or- 
der the  arrest  of  the  fugitive,  in  order  that  he  may  be  brought  before  the 
judicial  authority,  which  is  competent  to  examine  the  question  of  extradi- 
tion. 

If,  theu,  according  to  the  evidence  and  the  law,  it  be  decided  that  the 
extradition  is  due  in  conformity  with  this  treaty,  the  fugitive  shall  be  de- 
livered up,  according  to  the  forms  prescribed  in  sach  cases. 

Article  VI. 

The  expenses  of  the  arrest,  detention  and  transportation  of  persons 
claimed,  shall  be  paid  by  the  Government  in  whose  name  the  requisition 
shall  have  been  made. 

Article  VII. 

This  treaty  shall  continue  in  force  for  ten  years  from  the  day  of  the  ex- 
change of  ratifications,  but  in  case  neither  party  shall  have  given  to  the 
other  one  year's  previous  notice  of  its  intention  to  terminate  the  same,  then 
this  treaty  shall  continue  in  force  for  ten  years  longer,  and  so  on. 

The  present  treaty  shall  be  ratified,  and  the  ratifications  exchanged  in 
the  Capital  of  Ecuador,  within  two  months  from  the  day  on  which  the  ses- 
sion of  the  coming  Congress  of  Ecuador  shall  terminate,  which  will  be  in 
October,  1873. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  treaty  in  dui^licate,  and  have  hereunto  affixed  their  seals. 

Done  in  the  city  of  Quito,  Capital  of  the  Republic  of  Ecuador,  this 
twenty-eighth  day  of  June  one  thousand  eight  hundred  and  seventy-two. 

[seal.]  Rumsey  Wing. 

[SEAX.]  Francisco  Tavier  Leon. 


EXTRADITION.  37 


FRAXCE. 

Concluded  Xovemier  9,  1843;  Eatifications  exclianged  at  JVasMngton  Ap7-ill2, 
1844;  Proclaimed  April  13,  1844. 

The  United  States  of  America  and  His  Majesty  the  King  of  the  French 
having  judged  it  expedient,  -with  a  view  to  the  better  administration  of 
jnstifo,  and  to  the  prevention  of  crime  within  their  respective  territories 
and  jiirisdicrioiis,  that  persons  charged  with  the  crimen  hereinafter  enu- 
merated, :nid  lieing  fugitives  from  justice,  should,  under  certain  circum- 
stances, be  reciprocally  delivered  np,  the  said  United  States  of  America  and 
His  Miijcsry  the  King  of  the  French  have  named  as  their  Plenipotentiaries 
to  conclude  a  convention  for  this  purpose  : 

That  is  to  say,  the  President  of  the  United  States  of  America,  Abel  P.  Up- 
ehur,  Secretary  of  State  of  the  United  States,  and  His  Majesty  the  King  of  the 
French,  the  Sieur  Pageot,  officer  of  the  Koyal  Order  of  the  Legion  of  Honor, 
his  Minister  Plenipotentiary,  ad  interim,  in  the  United  States  of  America; 

Who,  after  having  communicated  to  each  other  their  respective  full  pow- 
ers, found  in  good  and  due  form,  have  agreed  upon  and  concluded  the  fol- 
lowing articles: 

Article  I. 

It  is  agreed  that  the  high  contracting  parties  shall,  on  requisitions  made 
•  in  their  name,  through  the  medium  of  their  respective  diplomatic  agents, 
deliver  up  to  justice  persons  who,  being  accused  of  the  crimea  enumerated 
in  the  next  following  article,  committed  within  the  jurisdiction  of  the  re- 
quiring party,  shall  seek  an  asylum,  or  shall  be  found  within  the  territories 
of  the  other  :  Provided,  That  this  shall  be  done  only  when  the  fact  of  the 
conimiHsion  of  the  crime  shall  bo  so  established  as  that  the  laws  of  the 
country  in  whieli  the  fugitive  or  the  person  no  accused  shall  be  found  would 
ju«iify  his  or  her  apiireheusiou  and  coniniittnit;nt  for  trial,  if  the  crime  had 
been  there  committed. 

Akticlk  II. 

Persons  shall  be  so  delivered  up  who  shall  be,  chargfd,  according  to  the 
provisions  of  this  convention,  with  any  of  tho  following  crimes,  to  wit: 
Murder,  (comprehending  the  crimes  designated  in  the  French  penal  code  by 
thf  terms,  assassination,  parricifh-,  infanticide  and  poisoning,)  (U-  with  an 
attempt  to  commit  murder,  or  with  rape,  or  with  forgery,  or  with  arson,  or 
with  embiz/lcinent  by  public  odicors,  when  tho  sauio  is  punishable  with 
infamous  punishment. 

AiniCT>B  III. 

On  the  part  of  tho  French  Government,  the  surrender  sliall  bo  made  only 
by  authority  of  the  Keeper  of  the  Seals,  Minister  of  .Justice  ;  and  on  the 
part  of  the  Government  of  the  United  States,  tho  surrender  shall  be  made 
only  by  autuority  of  the  Executive  thereof. 


;i;.*5C>«jH 


38  EXTRADITION. 

Article  IY. 

The  expenses  of  any  detention  and  delivery  effected  in -virtue  of  tlie  pre- 
ceding provisions  shall  be  borne  and  defrayed  by  the  Government  in  whose 
name  the  requisition  shall  have  been  made. 

Article  V. 

The  provisions  of  the  present  convention  shall  not  be  applied  in  any 
manner  to  the  crimes  enumerated  in  the  second  article,  committed  anterior 
to  the  date  thereof,  nor  to  any  crime  or  oifenceofa  purely  political  character. 

Article  VI. 

This  convention  shall  continue  in  force  until  it  shall  be  abrogated  by  the 
contracting  j)arties,  or  one  of  them  ;  but  it  shall  not  be  abrogated,  except 
by  mutual  consent,  unless  the  party  desiring  to  abrogate  it  shall  give  six 
mouths'  previous  notice  of  his  intention  to  do  so.  It  shall  be  ratified,  and 
the  ratifications  shall  be  exchanged  within  the  space  of  six  months,  or 
earlier  if  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate,  and  have  affixed  thereto  the  seal  of  their 
arms. 

Done  at  Washington  the  ninth  day  of  November,  anno  Domini  one  thou- 
sand eight  hundred  and  forty- three. 

[seal.]  a.  p.  Upshur. 

[seal.]  a.  Pageot. 


ADDITIONAL  ARTICLE  TO  THE  TREATY  OP  NOVEMBER  9,  1843. 

Concluded  February  24,  1845;  Batificaiions  exchanged  at  Paris  Jane  21,  1845  ; 

.  Proclaimed  July  24,  1845. 

The  crime  of  robbery,  defining  the  same  to  be  the  felonious  and  forcible 
taking  from  the  person  of  another,  of  goods  or  money  to  any  value,  by  vio- 
lence, or  putting  him  in  fear  ;  and  the  crime  of  burglary,  defining  the  same 
to  be,  breaking  and  entering  by  night  into  a  mansion-house  of  another,  with 
intent  to  commit  felony  ;  and  the  corresponding  crimes  included  under  the 
French  law  in  the  words  vol  quaUfi4  crime,  not  being  embraced  in  the  second 
article  of  the  convention  of  extradition  conclnded  between  the  United 
States  of  America  and  France,  on  the  ninth  of  November,  1843,  it  is  agreed 
l)y  the  present  article,  between  the  high  contracting  parties,  that  persons 
charged  with  those  crimes  shall  be  respectively  delivered  up,  in  conformity 
•with  the  first  article  of  the  said  convention;  and  the  present  article,  when 
ratified  by  the  parties,  shall  constitute  a  part  of  the  said  convention,  and 
shall  have  the  same  force  as  if  it  had  been  originally  inserted  in  the  same. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the  pres- 
ent article,  in  duplicate,  and  have  affixed  thereto  the  seal  of  their  arms. 

Done  at  Washington  this  twenty-fourth  of  February,  1845. 
[seal.]  J.  C.  Calhoun, 

[seal.]  a.  Pageot. 


EXTRADITION.  39 

AN-   ADDITIOXAL   ARTICLE    TO   THE  CONVENTIONS  OF   NOVEMBER  9,  1843, 

AND  FEBRUARY  24,    1845. 

Concluded  Fehruary  10,  1858;  Ratifications  exchawjcd  at  Washinglon  February 
12,  1859;  Proclaimed  February  14, 1859. 

It  is  agreed  between  the  high  contnicting  parties  that  the  i>rovisions  of 
the  treaties  for  the  mutual  extraclitiou  of  criiuiuala  between  the  United 
States  of  America  aud  France,  of  November  9th,  1843,  and  February  24th, 
1845,  and  now  iu  force  between  the  two  Governments,  shall  extend  not 
only  to  persons  charged  with  ihe  crimes  therein  mentioned,  but  also  to  per- 
sons charged  with  the  following  crimes,  whether  as  principals,  accessories 
or  accomplices,  namely :  Forging  or  knowingly  passing  or  putting  in  cir- 
culation counterfeit  coin  or  bank  notes  or  other  paper  current  as  money, 
with  intent  to  defraud  any  person  or  persons ;  embezzlement  by  any  person 
or  persons  hired  or  salaried  to  the  detriment  of  iheir  employers,  when  these 
crimes  are  subject  to  infamous  punislimeut. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the  pres- 
ent article  in  triplicate,  and  have  aflSxed  thereto  the  seal  of  their  arms. 

Done  at  Washington  the  tenth  of  February,  1858. 

[seal.]  Lew.  Cass. 

[seal.]  Saktiges. 


GREAT  BRITAIN. 

Concluded  Xoveniber  19,  1794 ;   Ratification  exchanged  at  London  October  28, 
1795 ;  Froclaimcd  February  29,  1796. 

AUTICLE  XXVII. 

It  is  further  agreed  that  His  Majesty  and  the  United  States,  on  mutual 
requisitions,  by  them  respectively,  or  by  their  respective  Ministers  or  offi- 
cers authorizcil  to  make  the  same,  will  deliver  up  to  justice  all  persons  who, 
being  charged  with  murder  or  forgery,  committed  within  the  jnrisdictiou 
of  either,  shall  seek  an  asylum  within  any  of  the  countries  of  the  other, 
provided  tliat  this  shall  only  be  done  on  such  evidence  of  eriminality  as, 
ac^cordingto  theluwsof  tin)  pla<e,  wlicro  the  fugitive  or  person  so  charged 
sliall  be  found,  would  justify  his  apprehension  and  commitnu'iit  for  trial, 
if  the  oflense  bad  there  been  committed.  The  expeuce  of  such  appreheu- 
Bion  and  flelivery  shall  l)e  Iiorno  and  defrayed  by  those  who  make  the  requi- 
sition and  receive  the  fugitive. 

AuncLic  XXVIII. 

It  is  agreed  that  the  first  ten  articles  of  this  treaty  shall  bo  permanent, 
and  that  the  subHcqiient  articles,  except  the  t  wtlflh,  sliall  be  limited  in 
their  duration  to  twelve  years,  to  bo  computed  from  (lie  ti.iy  on  wiiicli  the 
ratificatious  of  this  treaty  shall  bo  excliangod." 

•  The  ratifications  wore  exchanged  October  28,  1795,  aud  the  27th  arliclo 
expired  in  1807. 


40  EXTRADITION. 

Concluded  August  9,  1842;  Raiificationa  exchanged  at  London  October  13, 1842; 

^proclaimed  November  10,  1842. 

Article  X. 

If  is  agreed  that  the  United  States  and  Her  Britannic  Majesty  shall,  npon 
nintnal  reqnisitions  by  them,  or  their  Ministers,  officers,  or  authorities,  re- 
spectively made,  deliver  up  to  justice  all  persons  who,  being  charged  with 
the  crime  of  murder,  or  assault  with  intent  to  commit  murder,  or  piracy, 
or  arson,  or  robbery,  or  forgery,  or  the  utterance  of  forged  paper,  committed 
within  the  jurisdiction  of  either,  shall  seek  an  asylum  or  shall  be  found 
within  the  territories  of  the  other:  Provided,  that  this  shall  only  be  done 
upon  such  evidence  of  criminality  as,  according  to  the  laws  of  the  place 
■where  the  fugitive  or  person  so  charged  shall  be  found,  would  justify  his 
apprehension  and  commitment  for  trial  if  the  crime  or  offense  had  there 
been  committed;  and  the  respective  judges  and  other  magistrates  of  the 
two  Governments  shall  have  power,  jurisdiction,  and  authority,  upon  com- 
plaint made  under  oath,  to  issue  a  warrant  for  the  appreheunion  of  the  fugi- 
tive or  person  so  charged,  that  he  may  be  brought  before  such  judges  or 
other  magistrates,  respectively,  to  the  end  that  the  evidence  of  criminality 
may  be  heard  and  considered;  and  if,  on  such  hearing,  the  evidence  be 
deemed  suflicient  to  sustain  the  charge,  it  shall  be  the  duty  of  the  examin- 
ing judge  or  magistrate  to  certify'  the  same  to  the  proper  executive  author- 
ity, that  a  warrant  may  issue  for  the  surrender  of  such  fugitive.  The  ex- 
pense of  such  apprehension  and  delivery  shall  be  borne  and  defrayed  by 
the  party  who  makes  the  requisition  and  receives  the  fugitive. 

Article  XL 


The  tenth  article  shall  continue  in  force  until  one  or  the  other  of  the 
parties  shall  signify  its  wish  to  terminate  it,  aud  no  longer. 


HANOVER.* 

Concluded  January  IS,  1855;  Ratifications  exchanged  at  London  Aprill7,  1855; 

Proclaimed  May  5,  1855. 

The  United  States  of  America  and  His  Majesty  the  King  of  Hanover, 
actuated  by  an  equal  desire  to  further  the  administration  of  justice,  and 
to  prevent  the  commission  of  crimes  in  their  respective  countries,  taking 
into  consideration  that  the  increased  means  of  communication  between 
Europe  and  America  facilitate  the  escape  of  offenders,  and  that  conse- 
quently provision  ought  to  bo  made  in  order  that  the  enrls  of  justice  shall 
not  be  defeated,  have  determined  to  conclude  an  arrangement  dest'ued  to 
regulate  the  course  to  be  observed  in  all  cases  with  reference  to  the  extra- 
dition of  such  individuals  as,  having  committed  any  of  the  offenses  here- 

*  Terminated  by  absorption  of  Hanover  by  Prussia. 


EXTRADITION.  41 

after  enumerated  in  one  country,  sball  have  takeu  refuge  wifliin  the  terri- 
tories of  the  other.  The  coustitution  and  laws  of  Hanover,  however,  not 
allowing  the  Hanoverian  Government  to  surrender  their  own  subjects  for 
trial  before  a  foreign  court  of  justice,  a  strict  reciprocity  requires  that  the 
GoA'ernment  of  the  United  States  shall  be  held  equally  free  from  any  ob- 
ligation to  surrender  citizens  of  the  United  States.  For  which  purposes 
the  high  contracting  Powers  have  appointed  as  their  Plenipotentiaries: 

The  President  of  the  United  States,  James  Buchanan,  Envoy  Extraor- 
dinary and  Minister  Pleniijotentiary  of  the  United  States  at  the  Court  of 
the  United  Kingdom  of  Great  Britain  and  Ireland;  His  Majesty  the  King 
of  Hanover,  the  Count  Adoluhus  von  Kielmansegge,  his  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  to  Her  Britannic  Majesty,  Grand 
Cross  of  the  Order  of  the  Guelphs,  &c.,  *fec.; 

Who,  after  reciprocal  communication  of  their  respective  full  powers, 
found  in  good  and  due  form,  have  agreed  to  the  following  articles: 

Article  I. 

The  Government  of  thtj  United  States  and  the  Hanoverian  Governmcut 
promise  and  engage,  upon  mutual  requisitions  by  them,  or  their  Ministers, 
oflScers,  or  authorities  respectively  made,  to  deliver  up  to  justice  all  per- 
s«ms  who,  being  charged  with  the  crime  of  murder,  or  assault  with  intent 
to  commit  murder,  or  piracy,  or  arson,  or  robl>ery,  or  forgery,  or  the  utter- 
ance of  forged  papers,  or  the  fabrication  or  circulation  of  counterfeit 
money,  whether  coin  or  paper  money,  or  the  erabezzlenicnt  of  public 
moneys,  committed  within  the  jurisdiction  of  either  l>arty,  shall  seek  an 
asylum,  or  shall  be  found  within  the  territories  of  the  other;  provided 
that  this  shall  only  be  done  upon  such  evidence  of  criminality  as,  accord- 
ing to  the  laws  of  the  place  where  the  fugitive  or  person  so  charged  shall 
be  found,  would  justify  his  appreheusiou  and  connnitiuent  for  trial  if  the 
crime  or  offence  had  there  been  committed;  and  the  respective  judges  and 
other  magistrates  of  the  two  Governments  shall  have  power,  jurisdiction, 
and  authority,  upon  complaint  made  under  oatii,  to  issue  a  warrant  for 
the  apprehension  of  the  fugitive  or  p(irson  so  charged,  that  lie  may  bo 
brought  belV)re  such  judges  or  other  uuigistrates,  respectively,  to  the  end 
that  the  evidence  of  criminality  may  be  heard  and  considered;  and  if,  on 
such  hearing,  the  evidence  bo  deemed  sudicient  to  sustain  tlio  charge,  it 
shall  be  the  duty  of  the  examining  judge  or  magistrate  to  certify  the  same 
to  the  proper  executive  authority,  that  a  w.uiant  may  issue  for  the  sur- 
render of  such  fugitive. 

The  expense  of  such  apprehension  and  delivery  shall  be  borne  and  de- 
frayed by  the  i)urty  who  makes  the  reciuisition  and  receives  the  fugitive. 

Akticlk  II. 

Tlie  stipulations  of  this  convention  shall  be  a])))li<!d  to  any  other  State  of 
the  Germanic  Confederation  whicii  may  hereafter  declaru  its  accession 
thereto. 

AUTICMC   III. 

None  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own  sub- 
jects or  citizens  under  the  stipulations  of  this  convention. 


42  EXTRADITION. 

Article  IV. 

Whenever  any  person  accused  of  any  of  the  crimes  ennnierated  in  this 
convention  shall  have  committed  a  new  crime  in  the  territories  of  the  State 
where  he  has  sought  an  asylum,  or  shall  be  found,  such  person  shall  not  be 
delivered  up,  under  the  stipulations  of  this  convention,  until  he  shall  have 
been  tried  and  shall  have  received  the  punishment  due  to  such  new  crime, 
or  shall  have  been  acquitted  thereof. 

Article  V. 

The  present  convention  shall  continue  in  force  until  the  first  of  Jan- 
uary, one  thousand  eight  hundred  and  fifty-eight ;  and  if  neither  party  shall 
have  given  to  the  other  six  mouths'  previous  notice  of  its  intention  then 
to  terminate  the  same,  it  shall  further  remain  in  force  until  the  end  of 
twelve  mouths  after  either  of  the  high  contracting  parties  shall  have  given 
notice  to  the  other  of  such  intention,  each  of  the  high  contracting  parties 
reserving  to  itself  the  right  of  giving  such  notice  to  the  other  at  any  time 
after  the  expiration  of  the  said  first  day  of  January,  one  thousand  eight 
hundred  and  fifty-eight, 

Article  VI. 

The  present  convention  shall  be  ratified  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate  of  the  United  States,  and  by  the  Gov- 
ernment of  Hanover,  and  the  ratifications  shall  be  exchanged  in  London 
•within  three  months  from  the  date  hereof,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this  con- 
vention, and  have  hereunto  affixed  their  seals. 

Done  in  duplicate  in  London,  the  eighteenth  day  of  January,  one  thousand 
eight  hundred  and  fifty-five,  and  the  seventy-ninth  year  of  the  independ- 
ence of  the  United  States. 

[seal.]  James  Buchanan. 

[SEAL.]  A.   KiELMANSEGGE. 


HAWAIIAN  ISLANDS. 

Concluded  December  20,  1849;  Ratifications  exchanged  at  Honolulu,  August  24, 
1850  ;  proclaimed  November  9,  1850. 

Article  XIV. 

The  contracting  parties  mutually  agree  to  surrender,  upon  official  requisi- 
tion, to  the  authorities  of  each,  all  persons  who,  being  charged  with  the 
crimes  of  murder^  piracy,  arson,  robbery,  forgery,  or  the  utterance  of  forged 
paper,  committed  within  the  jurisdiction  of  either,  shall  be  found  witliin  the 
territories  of  the  other:  provided  that  this  shall  only  be  done  upou  su(^h  evi- 
dence of  criminality  as,  according  to  the  laws  of  the  place  where  the  per- 
Bon  so  charged  shall  be  found,  would  justify  his  apprehension  and  com- 


EXTRADITION.  43 

mitmeut  for  trial,  if  the  crime  bad  there  beeu  committed.  And  the  re- 
spective judges  and  other  magistrates  of  the  two  Governments  shall  have 
authority,  upon  complaint  madfe  under  oath,  to  issue  a  warrant  for  the 
apprehensio'ii  of  the  person  so  charged,  that  he  may  be  brought  before  such 
judges  or  other  magistrates  respectively,  to  the  end  that  the  evidence  of 
criminality  may  be  heard  and  considered  ;  and  if,  on  such  hearing,  the  evi- 
dence be  deemed  sufficient  to  sustain  the  charge,  it  shall  be  the  duty  of  the 
examining  judge  or  magistrate  to  certify  the  same  to  the  proper  executive 
authority,  that  a  warrant  may  issue  for  the  surrender  of  such  fugitive.  The 
expense  of  such  apprehension  and  delivery  shall  be  borne  and  defrayed  by 
the  party  who  makes  the  requisition  and  receives  the  fugitive. 


HAYTI. 


Concluded  Kodeniler  3,  1864;  Salifications  exchanged  at  WasJiington  May  22, 

1865;  proclaimed  July  6,  1865. 

Article  XXXVIII. 

It  is  agreed  that  the  high  contracting  parties  shall,  on  requisitions  made 
in  their  name,  through  the  medium  of  their  respective  diplomatic  agents, 
deliver  up  to  justice  persons  wbo,  being  charged  with  the  crimes  enumer- 
ated in  the  following  article,  committed  within  the  jurisdiction  of  the  re- 
quiring party,  shall  seek  an  asylum  or  shall  be  found  within  the  territories 
of  the  otl4er:  Provided,  That  this  shall  be  done  only  when  the  fact  of  the 
commission  f)f  the  crime  shall  be  so  established  as  to  justify  their  appre- 
hension and  commitment  for  trial,  if  the  crime  had  been  committed  in  the 
country  where  the  persons  so  accused  shall  Ito  found  ;  in  all  of  which  tlie 
tribunals  of  said  country  shall  proceed  and  decide  according  to  tlieir  own 
laws. 

Aivrici.K  XXXIX. 

Persons  shall  be  delivered  up,  according  to  the  proviHJous  of  this  treaty, 
who  shall  bo  charged  with  any  of  the  following  crimes,  to  wit:  murder, 
(including  assassiuaticm,  i)arricide,  infanticide,  and  ]>oisouing,)  attompt 
to  commit  murder,  piracy,  rape,  forgery,  the  counterfiMting  of  money,  the 
uttiranco  of  forged  paper,  arson,  robbery,  and  embezzioment  l)y  i>ublie 
oftlcers,  or  hy  persons  hired  or  salaried,  to  the  detriment  of  their  employ- 
ers, when  these  crimes  are  subject  to  infamous  punishment. 

Articlk  XL. 

The  surrender  shall  bo  made,  on  the  part  of  each  country,  only  by  the 
authority  of  the  Execntivi'  tlit-reof.  The  fxiu-nscHof  the  dftiMition  ami  do- 
livery,  effected  in  virtue  of  the  i)reco(ling  articles,  hIi.iII  be  at  tlm  cost  of 
the  party  making  the  demand. 


44  EXTRADITION. 

Article  XLI. 

The  ijrovisions  of  the  foregoing  articles  relating  to  the  extradition  of  fugi- 
tive criminals  shall  not  apply  to  offences  committed  before  the  date  hereof, 
nor  to  those  of  a  political  character.  Neither  of  the  contracting  parties 
shall'be  bound  to  deliver  up  its  own  citizens  under  the  provisions  of  this 
treaty. 


ITAIiY. 


Concluded  March  23,  1868 ;  Ratifications  exchanged  at  Washington  September 
17,  1868 ;  proclaimed  September  30,  1868. 

The  United  States  of  America  aud  His  Majesty  the  King  of  Italy, 
having  judged  it  exiierlient,  with  a  view  to  the  better  administration  of 
justice,  and  to  the  prevention  of  crimes  within  their  respective  territories 
and  jurisdiction,  that  persons  couvicted  of  or  charged  with  the  crimes  here- 
inafter specified,  and  being  fugitives  from  justice,  should,  under  certain 
circumstances,  be  reciprocally  delivered  up,  have  resolved  to  conclude  a 
convention  for  that  purpose,  aud  have  appointed  as  their  Pleuipotentiaries  : 

The  President  of  the  United  States,  William  H.  Seward,  Secretary  of 
State;  His  Majesty  the  King  of  Italy,  the  Commander  Marcello  Cerruti, 
Envoj'  Extraordinary  aud  Minister  Plenipotentiary  ; 

Who,  after  reciprocal  communication  of  their  full  powers,  found  in  good 
and  due  form,  have  agreed  upon  the  following  articles,  to  wit: 

Article  I. 

The  Government  of  the  United  States  aud  the  Government  of  Italy  mu- 
tually agree  to  deliver  up  persons  who,  having  been  convicted  of  or  charged 
■with  the  crimes  specified  in  the  following  article,  committed  within  the 
jurisdictfon  of  oue  of  the  contractiug  parties,  shall  seek  an  asylum  or  be 
found  within  the  territories  of  the  other:  Provided,  that  this  shall  only  be 
done  upon  such  evidence  of  criminality  as,  according  to  the  laws  of  the 
place  where  the  fugitive  or  person  so  charged  shall  be  found,  would  justify 
his  or  her  apprehension  and  commitment  for  trial,  if  the  crime  had  been 
there  committed. 

Article  II. 

Persons  shall  be  delivered  up  who  shall  have  been  convicted  of,  or  bo 
charged,  according  to  the  provisions  of  this  convention,  with  any  of  the  fol- 
lowing crimes. 

1.  Murder,  comprehending  the  crimes  designated  in  the  Italian  penal 
code  by  the  terms  of  parricide,  assassination,  poisoning,  and  infanticide. 

2.  The  attempt  to  commit  murder. 

3.  The  crinoes  of  rape,  arson,  piracy,  and  mutiny  on  board  a  ship,  when- 
ever the  crew,  or  part  thereof,  by  fraud  or  violence  against  the  commander, 
have  taken  possession  of  the  vessel. 


EXTRADITION.  45 

4.  The  crime  of  burglary,  defined  to  be  the  action  of  breaking  and  enter- 
ing by  night  into  the  house  of  another  with  the  intent  to  commit  felony  ; 
and  the  crime  of  robberj-,  defined  to  be  the  action  of  feloniously  and  forci- 
bly taking  from  the  person  of  another  goods  or  money,  by  violence  or 
putting  him  in  fear. 

5.  The  crime  of  forgery,  by  which  is  understood  the  utterance  of  forged 
papers,  the  counterfeiting  of  public,  sovereign,  or  Government  acts. 

6.  The  fiibrication  or  circulation  of  counterfeit  money,  either  coin  or 
paper,  of  public  bonds,  bank-notes,  and  obligations,  and  in  general  of  any 
title  and  instrument  of  credit  whatsoever,  the  counterfeiting  of  seals,  dies, 
stamps,  and  marks  of  State  and  j^ublic  administrations,  and  the  utterance 
thereof. 

7.  The  embezzlement  of  public  moneys,  committed  within  tliH  jurisdic- 
tion of  either  party,  by  public  officers  or  depositors. 

8.  Embezzlement  by  any  i^erson  or  persons  hired  or  salaried,  to  the  detri- 
mentof  their  emiiloyers,  when  these  crimes  are  subject  to  infamous  punish- 
ment. 

Article  III. 

The  provisions  of  this  treaty  shall  not  apply  to  any  crime  or  offence  of  a 
political  character,  and  the  person  or  persons  delivered  up  for  the  crimes 
enumerated  in  the  preceding  article  shall  in  no  case  be  tried  for  any  ordi- 
nary crime,  committed  previously  to  that  for  which  his  or  iheir  surrender 
is  asked. 

Article  IV. 

If  the  person  whose  surrender  may  be  claimed,  pursuant  to  the  stipuhi- 
tious  of  the  present  treaty,  shall  have  been  arrested  for  the  commission  of 
oflcncHS  in  the  country  where  he  has  sought  an  asylum,  or  shall  have  been 
convicted  thereof,  his  extradition  may  be  deferred  until  he  shall  have  been 
acquitted,  or  have  served  the  term  of  iniprisonuifut  to  which  he  may  have 
been  sentenced. 

AuriCLK  V. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be  made  liy 
the  respective  Dii)lomatic  Agents  of  the  contracting  parlies,  or  in  the  event 
of  the  absence  of  these  from  the  country  or  its  seat  of  Uovernmeut,  tin  y 
may  be  madii  by  superior  consular  ollicers.  If  the  person  whoso  extradiliau 
may  bo  asked  for  shall  have  been  convicted  of  a  crime,  a  copy  of  the  sent  encc 
of  the  court  in  which  he  may  have  been  cf)nviclrd,  niilhentic.itod  under  \tH 
seal,andau  attestation  oflhe  ollicial  character  of  tlicjudge  by  Ihcpropcr  ex- 
ecutive authority,  and  of  the  latter  by  (lie  Minister  or  Consul  of  tlie  Unilt-d 
States  or  of  Italy,  respectively,  shall  accom;iany  the  re(|Mihit  ion.  Whm, 
however,  the  fugitive  shall  iiavo  been  merely  charged  with  (  rime,  a  <lnly 
authenticated  copy  of  the  warrant  for  his  arrest  in  tho  country  where  the 
crime  may  have  been  committed,  or  of  the  dejmsitions  ujuju  which  such 
warrant  may  have  been   issued,  must  accompany  tlie  t«'quisition  as  afore- 


46  EXTRADITION 

said.  The  President  of  the  United  States,  or  the  proper  executive  authority 
in  Italy,  may  then  issue  a  warrant  for  the  apprehension  of  the  fugitive, 
in  order  that  he  may  be  brought  before  the  proper  judicial  authority  for  ex- 
amination. If  it  should  then  be  decided  that,  according  to  law  and  the 
evidence,  the  extradition  is  due  pursuant  to  the  treaty,  the  fugitive  may  be 
given  up  according  to  the  forms  prescribed  in  such  cases. 

Article  VI. 

The  expenses  of  the  arrest,  detention,  aud  transportation  of  the  persons 
claimed,  shall  be  paid  by  the  Government  in  whose  name  the  requisition 
shall  have  been  made. 

Article  VII. 

This  convention  shall  continue  in  force  during  five  (.5)  years  from  the  day 
of  exchange  of  ratifications  ;  but  if  neither  party  shall  have  given  to  the 
other  six  (6)  mouths'  previous  notice  of  its  intention  to  terminate  the  same, 
the  convention  shall  remain  in  force  five  years  louger,  and  so  on. 

The  present  convention  shall  be  ratified,  and  the  ratifications  exchanged 
at  Washington,  within  six  (G)  months,  and  sooner  if  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate,  and  have  thereunto  affixed  their  seals. 

Done  at  Washington  the  twenty-third  day  of  March,  A.  D.  one  thousand 
eight  hundred  and  sixty-eight,  and  of  the  Independence  of  the  United 
States  the  ninety-second. 

[SEAL.]  William  H.  Seward, 

[seal.]  ■  M.  Cerruti. 


CONVENTION  FOR  THE  EXTRADITION  OF  CRIMINALS  FUGITIVE  FROM 
JUSTICE,  BEING  ADDITIONAL  ARTICLE  TO  THE  CONVENTION  OF  MARCH 
23, 1868. 

Concluded  Jamiary  21,   1869 ;  Ratifications  exchanged  at   TVashington  May  7, 

1869;  proclaimed  May  11,  1869. 

It  is  agreed  that  the  concluding  paragraph  of  the  second  article  of  the 
convention  aforesaid  shall  be  so  amended  as  to  read  as  follows  : 

8.  Embezlement  by  any  person  or  persons  hired  or  salaried,  to  the  detri- 
ment of  their  employers,  when  these  crimes  are  subject  to  infamous  punish- 
ment according  to  the  laws  of  the  United  States,  and  criminal  punishment 
according  to  the  laws  of  Italy. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
jiresent  article  in  duplicate,  and  have  affixed  thereto  the  seal  of  their  arms. 

Done  at  Washington  the  21st  day  of  January,  1869. 

[SEAL.]  William  H.  Seward, 

[seal.]  M.  Cerruti. 


EXTEADITIOX.  47 


SUPPLEMENTARY  CONVENTION  TO  THE  CONVENTION  OF  MAKCH  23,  1868. 

ConchidedJune  11,  1884 ;  Batifications  exchaiigedat  Washington  April  24, 1885 ; 

proclaimed  April  24,  1885. 

The  President  of  the  United  States  of  America  and  His  Majesty  the  King 
of  Italy,  being  convinced  of  the  necessity  of  adding  some  stipulation«  to 
the  extradition  convention  concluded  between  the  United  States  and  Italy 
on  the  23d  of  March,  1808,  with  a  view  to  the  better  administration  of  jus- 
tice and  the  prevention  of  crime  in  their  respective  territories  and  juris- 
dictions, have  resolved  to  conclude  a  supplementary  convention  for  this 
I)urpose,  and  have  appointed  as  their  Plenipotentiaries,  to-wit :  The  Presi- 
dent of  the  United  States,  Frederick  T.  Frelinghuyseu,  Secretary  of  State 
of  the  United  States ; 

And  His  Majesty  the  King  of  Italy,  Baron  Saverio  Fava,  His  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  at  Washington  ; 

Who,  after  reciprocal  communication  of  their  full  powers,  which  were 
found  to  bo  in  good  and  due  form,  have  agreed  upon  the  following  articles  : 

Articlk  I. 

The  following  paragraph  is  added  to  the  list  of  crimes  on  account  of 
which  extradition  may  bo  granted,  as  provided  in  Article  II.  of  the  afore- 
said convention  of  March  23,  1868  : 

9.  Kidnapping  of  minors  or  adults,  that  is  to  say,  the  detention  of  one  or 
more  persons  for  the  purpose  of  extorting  money  from  them  or  their  fam- 
ilies, or  for  any  other  unlawful  purpose. 

Article  II. 

The  following  clause  shall  bo  inserted  after  Article  V.  of  the  aforesaid 
Convention  of  March  23,  1868 : 

Any  comi)etent  judicial  magistrate  of  either  of  the  two  conntriesshall  bo 
authorized  lifter  ihc  exhibition  of  a  certificate  signed  by  the  Jliuister  of 
Foreign  Afiairs  [of  Italy]  or  th(!  Secretary  of  State  [of  the  United  StatcH] 
attesting  that  a  requisition  has  been  made  by  the  Government  of  tho  other 
country  to  sccnre  the  preliminary  arri'st  of  a  person  condemm'd  for  or 
chargeil  witli  having  therein  committod  a  crime  for  whicii,  inirsuaiit  to 
this  Convention,  extradition  may  be  granted,  and  on  coiuplaiut  duly  made 
undf-r  oath  by  ;i  person  cognizant  of  the  fact,  or  by  a  (iiphniiat  ic  or  consular 
officer  of  the  demanding  Governm«;ut,  being  duly  aulhorized  by  I  lie  Lilli-r, 
and  attesting  that  the  aforesaid  crime  was  tlius  i>erpetrated,  to  issue  a  war- 
rant for  the  arrest  of  tlio  person  thus  ineuli»ateil,  lo  the  end  that  he  or  slio 
may  be  brought  before  the  said  magistrate,  so  (hat  the  evidence  of  his  or 
her  criminality  may  be  heard  and  considered  ;  and  the  jierson  I  bus  accused 
and  imjirisoned  shall  from  time  to  time  be  remandeil  to  jjrison  nut  il  a  formal 
demand  for  his  or  her  extrailition  shall  be  made  anil  supported  by  evidiure 
as  abovi;  provided;  if,  however,  llu-  reriiiisition,  together  with  the  doeii- 
ments  above  provided  for,  sliall  not  l>e  made,  as  required,  by  tlieiliplonuitic 
rojiresentative  of  the  demanding  Government,  or,  in  his  absence,  Ity  a  con- 
sular ollieer  thereof,  within  forty  days  from  tho  (hiUi  of  the  arrenl  of  the 
accused,  the  prisoner  shall  beset  at  liberty'. 


■18  EXTRADITION. 

Article  III. 

These  supplementary  articles  shall  be  considered  as  an  integral  part  of 
Hie  aforesaid  original  extradition  convention  of  March  23,  1868,  and  to- 
gether with  the  additional  article  of  Jamiary  21,  1869,  as  having  the  same 
Talne  and  force  as  the  Convention  itself,  and  as  destined  to  coutinne  and 
torniiuate  in  the  same  manner. 

The  present  Convention  shall  be  ratified,  and  the  ratifications  exchanged 
at  Washington  as  speedily  as  possible,  and  it  shall  take  effect  immediately 
after  the  said  exchange  of  ratifications. 

In  testimony  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  Convention  in  duplicate,  and  liave  thereunto  affixed  their  seals. 

Done  at  Washington,  this  eleventh  day  of  the  month  of  June  in  the  the 
year  of  our  Lord  one  thousand  eight  hundred  and  eighty  four. 

[seal.]  ■     Fredk.  T.  Frelinghuysex. 

[seal.]  Fava. 


JAPAN. 


Concluded  April  29,  1886 ;  Eatifications  exchanged  at  ToTcio  September  27,  1886 ; 

proclaimed  Xovember  •i,  1886. 

The  President  of  the  United  States  of  America  and  his  Majesty  the  Em- 
peror of  Japan  having  judged  it  expedient,  with  a  view  to  the  better  ad- 
ministration of  justice,  and  to  the  prevention  of  crime  within  the  two 
countries  and  their  f  urisdictions,  that  persons  charged  with  or  convicted  of 
the  crimes  or  offences  hereinafter  named  and  being  fugitives  from  iustice, 

O  c?  0  7 

should,  under  certain  circumstances,  be  reciprocally  delivered  up,  they 
have  named  as  their  Pleuiiiotentiaries  to  conclude  a  Treaty  for  this  purpose, 
that  is  to  say  : 

The  President  of  the  United  States  of  America,  Richard  B.  Hubbard, 
their  Envoy  Extraordinary  and  Minister  Plenipotentiary  near  His  Imperial 
Majesty,  and  His  Majesty  the  Emperor  of  Japan  Count  Inouye  Kaoru,  Jin- 
sammi,  His  Imperial  Majesty's  Minister  of  State  for  Foreign  Affairs,  First 
Class  of  the  Order  of  the  Rising  Sun  &c.  &c.  &c.  who,  after  having  com- 
municated to  each  other  their  respective  full  powers,  found  in  good  and  due 
form,  have  agreed  upon  and  concluded  the  following  articles: 

Article  I. 

The  High  Coutractiug  Parties  engage  to  deliver  up  to  each  other,  under 
the  circumstances  and  conditions  stated  in  the  present  Treaty,  all  persons, 
who  being  accused  or  convicted  of  one  of  the  crimes  or  offences  named  be- 
low in  Article  II.  and  committed  within  the  jurisdiction  of  the  one  Party, 
shall  be  found  within  the  jurisdiction  of  the  other  Party. 

Article  II. 

1.  Murder,  and  assault  with  iutent  to  commit  murder. 

2.  Counterfeiting  or  altering  money,  or  uttering  or  bringing  intocircula- 


EXTRADITION  49 

tion  conuterfeit  or  altered  money;  counterfeiting  certificates  or  coiipons 
of  iniblic  indebtedness,  bank  notes,  or  other  iiistrnmeuts  of  public  credit 
of  either  of  the  parties,  and  the  utterance  or  circulation  of  the  same. 

3.  Forgery  or  altering,  and  uttering  what  is  forged  or  altered. 

4.  Embezzlement  or  criminal  malversation  of  the  publiy  funds,  com- 
mitted withiu  the  jurisdiction  of  either  party,  by  public  officers  or  deposi- 
taries. 

5.  Robbery. 

6.  Burglary,  defined  to  be  the  breaking  and  enterinc;  by  night  time  into 
the  house  of  another  person  with  the  intent  to  commit  a  felony  therein  ; 
and  the  act  of  breaking  and  entering  the  house  of  another,  whether  in  the 
day  or  night-time,  with  the  intent  to  commit  a  felony  therein. 

7.  The  act  of  entering,  or  of  breaking  and  entering,  the  offices  of  the  Gov- 
ernment and  public  authorities,  or  the  «iricP8  of  banks,  banking-houses, 
savings-banks,  trust  companies,  insurance  or  other  companies,  with  the  in- 
tent to  commit  a  felony  therein. 

8.  Perjury,  or  the  subornation  of  perjury. 

9.  Rape. 

10.  Arson. 

11.  Piracy  by  the  law  of  nations. 

12.  Murder,  assault  with  intent  to  kill,  and  manslaughter,  connnittcd  on 
the  high  seas,  on  board  a  ship  bearing  the  tlag  of  the  demanding  country 

13.  Malicious  destruction  of,  or  attempt  to  destroy,  railways,  trams,  vcs- 
eels,  bridges,  dwellings,  public  edifices,  or  other  buildings,  when  the  act 
endangers  human  life. 

AiniCLE  III. 

If  the  jjcrson  demanded  be  held  for  trial  in  the  country  on  which  tiic  de- 
mand is  made,  it  shall  be  optional  with  the  latter  to  grant  ixtnulitiiin  or 
to  proceed  with  the  trial :  Provided  that,  unless  the  trial  shall  be  for  tho 
crime  for  which  the  fugitive  is  claimed,  the  delay  shall  not  prevent  ulti- 
mate extradition. 

AUTICLK  IV. 

If  it  be  made  to  a])pear  that  extradition  is  sought  with  a. view  to  try  or 
imnish  the  person  demanded  for  an  oIlenHe  of  a  political  character,  sur- 
render sliall  not  take  jilace ;  nor  shall  any  person  surrendered  be  tried  or 
punished  forany  jKililieal  ofliMiHe  committed  previously  to  his  extnnlition, 
or  for  any  oU'euse  other  than  that  in  respect  of  whiili  tin- extuidii  ion  is 
granted. 

Akticuc  V 

Tho  refinisition  for  extradition  shall  he  made  through  tho  diplomatic 
agents  of  tlm  contracting  parties,  or,  in  tlie  event  of  tlie  abHencc  of  lliese 
from  the  <;onnlry  or  its  s<at  of  governmi'ut,  by  NUiierior  rouMniar  olliccns. 

Jf  the  iMison  whose  extradition  is  re(|ue«)(!d  shall  have  been  eoiiviet<!«l 
of  a  crime,  a  copy  of  the  sentence  of  Iho  court  iu  which  lie  was  convicted, 
authenticated  under  its  seal,  ami  an  attestation  of  the  olliciiil  rharaclei  of 
♦  he  judge  by  the  proper  executive  authority,  and  of  the  latter  by  the  Min- 
ister or  t'onsnl  of  the  United  States  or  of  Jajtan,  as  the  case  may  bo,  shall 


50  EXTRADITION, 

accompany  the  requisition.  When  tlie  fugitive  is  merely  charged  with 
crime,  a  dnly  authenticated  copy  of  the  Avarrant  of  arrest  iu  the  country 
making  the  demand  and  of  the  depositions  on  which  such  warrant  may 
have  heen  issued,  must  accompany  the  requisition. 

The  fugitive  shall  be  surrendered  only  on  such  evidence  of  criminality  as 
according  to  the  laws  of  the  place  where  the  fugitive  or  person  so  charged 
shall  be  found,  would  justify  his  apprehension  and  commitment  for  trial, 
if  the  crime  had  been  there  committed. 

Article  VI. 

On  being  informed  by  telegraph  or  other  written  communication  through 
the  diplomatic  channel,  that  a  lawful  warrant  has  been  issued  by  compe- 
tent authority  upon  probable  cause  for  the  arrest  of  a  fugitive  criminal 
charged  with  atiy  of  the  crimes  enumerated  in  Article  II  of  this  Treaty, 
and,  on  being  assured  from  the  same  source  that  a  request  for  the  surren- 
der of  such  criminal  is  about  to  be  made  in  accordance  with  the  provisions 
of  this  Treaty,  each  Government  will  endeavor  to  procure  so  far  as  it  law- 
fully may  the  provisional  arrest  of  such  crimini^l,  and  keep  him  in  safe 
custody  for  a  reasonable  time,  not  exceeding  two  months,  to  await  the  pro- 
duction of  the  documents  upon  which  the  claim  for  extradition  is  founded. 

Article  VII. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own 
citizens  or  subjects  under  the  stipulations  of  this  convention,  but  they  shall 
have  the  power  to  deliver  them  up  if  in  their  discretion  it  be  deemed  proper 
to  do  so. 

Article  VIII. 

The  expenses  of  the  arrest,  detention,  examination  and  transportation  of 
the  accused  shall  be  paid  by  the  Government  which  has  requested  the  ex- 
tradition. 

Article  IX. 

The  present  treaty  shall  come  into  force  sixty  days  after  the  exchange  of 
the  ratifications  thereof.  It  may  be  terminated  by  either  of  them,  but  shall 
remain  in  force  for  six  months  after  notice  has  been  given  of  its  termina- 
tion. 

The  treaty  shall  be  ratified,  and  the  ratifications  shall  be  exchanged  at 
Washington,  as  soon  as  possible. 

In  witness  whereof  the  resi>ective  Plenipotentiaries  have  signed  the  pres- 
ent Treaty  in  duplicate  and  have  thereunto  affixed  their  seals. 

Done  at  the  city  of  Tokio,  the  Twenty-ninth  day  of  April,  in  the  eight- 
een hundred  and  eighty-sixth*  year  of  the  christian  era,  corresponding  to 
the  Twenty-ninth  day  of  the  Fourth  month,  of  the  nineteenth  year  of  Meiji. 

[seal.]  Richard  B.  Hubbard. 

[seal.]  Ixouye  Kaoru. 

*  In  the  protocol  of  exchange  of  the  ratifications  of  this  treaty,  signed  by 
the  Plenipotentiaries  at  Tokio,  September  27,  1886,  it  is  declared  that  "  the 


EXTRADITION.  5.1 


liTJXEMBURG. 

Concluded  October  29,  1883;  EaUfications  exchanged  at  Bei'Un  July  14,  1884; 

proclaimed  Aiujust  12,  16d4. 

The  United  States  of  America  and  HisMajesty  IheKingof  theXetlierlands, 
Grand  Duke  of  Luxeniburjj,  having  jndged  it  expedient,  with  a  view  to 
the  better  administration  of  justice  and  the  prevention  of  crime  within  their 
respective  territories  and  jurisdictions,  that  persons  charged  with  or  con- 
victed of  the  crimes  and  offenses  hereinafter  enumerated,  and  being  fugi- 
tives from  justice,  should,  under  certain  circumstances  be  reciprocally  de- 
livered up,  have  resolved  to  conclude  a  convention  for  that  purpose  and 
have  appointed  as  their  Pleuipoientiaries: 

The  President  of  the  United  States  of  America,  Mr.  A.  A.  Sargent,  His  En- 
voy Extraordinary  and  Minister  Plenipotentiary  to  His  Majesty  the  Em- 
peror of  Germany  at  Berlin  ;  and  His  Majesty  the  King  of  the  Netherlands, 
Grand  Duke  of  Luxembiirg,  Dr.  Paul  Eyscheu,  His  Director  general  of  the 
Department  of  justice  and  Charg6  d'Alfaires  of  the  Grand  Duchy  of  Luxem- 
burg at  Berlin,  Chevalier  of  the  2nd  Class  of  the  Order  of  the  Golden  Lion 
of  the  House  of  Nassau,  Commander  of  the  Order  of  the  Crown  of  Oak  and 
of  that  of  the  Lion  of  the  Netlierlauds,  &c,  «fec,  &c. 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  concluded  the 
following  articles  : 

Article  I. 

TheGovcrnment  of  the  United  States  and  the  Government  of  Luxemburg 
mutuallj'  agree  to  deliver  up  persons  who,  having  been  charged  as  princi- 
pals or  accessories,  with  or  convicted  of  any  of  the  crimes  and  offenses 
specified  in  the  following  article,  committed  within  tln^  jurisdiction  of  one 
of  the  contracting  parties,  shall  seek  an  asylum  or  be  found  within  the  ter- 
ritories of  the  other.  Provided  that  this  shall  only  bo  done  upon  such  evi- 
dence of  criminality  as,  according  to  the  laws  of  tiie  place  where  the  fugi- 
tive or  the  person  so  chargfid  shall  be  found,  would  just  ify  his  or  her  appre- 
hension and  commitment  for  trial  if  the  crime  had  been  there  committed. 

AirncLic  II. 

Persons  shall  be  delivered  up  who  shall  have  been  convicted  of  or  I)0 
charged,  according  to  the  provisionsof  the  convention,  with  any  of  the  fol- 
lowing crimes : 

1°  Murder,  comprehending  tlie  crimes  designated  in  the  poinil  code  of 
LuxiMuburgby  the  terms  of  parricide,  assassination,  poisoning  an<l  iiilaii- 
ticidc; 

eighteen  hundred  and  eiglity-sixth  year  of  the  rhristian  era,"  is  Intended 
to  mean  tlie  year  A.  J).  1HH().  The  protocol  also  declares  that  notwithstand- 
ing the  tre.ity  provided  that  the  excliang'i  of  the  ratifications  should  take 
placc!  at  Washington,  the  Two  High  Contracting  Parfies,  in  order  lo^ave 
time,  agreed  that  tli"  cxcliange  .hIioh].!  t:il;i'  jilaic  ;it  ToUio  instcid. 


52  '  EXTRADITION. 

2°.  The  attempt  to  commit  murder ; 

3*^.  Rape,  or  attempt  to  commit  rape,  bigamy,  abortion ; 

4°.  Arson ; 

5°.  Piracy  or  mutiny  on  sliiplioard  wbenever  the  crew  or  part  thereof 
shall  have  taken  jiossession  of  the  vessel  by  fraud  or  violence  against  the 
commander ; 

6^^.  The  crime  of  burglary  defined  to  be  the  act  of  breaking  and  entering 
by  night  into  the  house  of  another  with  the  intent  to  commit  felony  ;  and 
the  crime  of  robbery,  defined  to  be  the  act  of  feloniously  and  forcibly  tak- 
ing from  the  person  of  another  money  or  goods  by  violence  or  putting  him 
in  fear;  and  the  corresponding  crimes  punished  by  the  laws  of  Luxemburg 
under  the  description  of  thefts  committed  in  an  inhabited  house  by  night 
and  by  breaking  in,  by  climbing  or  forcibly;  and  thefts  committed  with 
violence  or  by  means  of  threats. 

7°  The  crime  of  forgery  by  which  is  understood  the  utterance  of  forged 
papers,  and  also  the  counterfeiting  of  jiublic,  sovereign  or  governmental 
acts; 

8"-^.  The  fabrication  or  circulation  of  counterfeit  money,  either  coin  or 
pajier,  or  of  counterfeit  public  bonds,  coupons  of  the  public  debt,  bank- 
notes, obligations,  or,  in  general,  anything  being  a  title  or  instrument  of 
credit ;  the  counterfeiting  of  seals  and  dies,  impressions,  stamps,  and  marks 
of  State  and  public  administrations  and  the  utterance  thereof; 

9°.  The  embezzlement  of  public  moneys  committed  within  the  jurisdic- 
tion of  either  party  by  public  officers  or  depositaries ; 

10°.  Embezzlement  by  any  person  or  persons  hired  or  salaried  to  the 
detriment  of  their  emijloyers,  when  the  crime  is  subject  to  i^unishment  by 
the  laws  of  the  place  where  it  was  committed; 

11°.  \yilfiil  and  unlawful  destruction  or  obstruction  of  rail-roads  which 
endangers  human  life ; 

12°.  Reception  of  articles  obtained  by  means  of  one  of  the  crimes  or 
offenses  provided  for  by  the  present  convention. 

Extradition  may  also  be  granted  for  the  attempt  to  commit  any  of  the 
crimes  above  enumerated,  when  such  attempt  is  punishable  by  the  laws  of 
both  contracting  parties. 

Article  III. 

A  person  surrendered  under  this  convention  shall  not  be  tried  or  pun- 
ished in  the  country  to  which  his  extradition  has  been  granted,  nor  given 
up  to  a  third  power  for  a  crime  or  offense  not  provided  for  by  the  present 
convention  and  committed  previouslj' to  his  extradition,  until  he  shall  have 
been  allowed  one  mouth  to  leave  the  country  after  having  been  discharged  ; 
and,  if  he  shall  have  been  tried  and  condemned  to  punishment,  he  shall  be 
allowed  one  month  after  having  suffered  his  penalty  or  having  been  par- 
doned. 

He  may  however  be  tried  or  punished  for  any  crime  or  offense  provided 
for  by  this  convention  committed  previous  to  his  extradition,  other  than 
that  which  gave  rise  to  the  extradition,  and  notice  of  the  purpose  to  so  try 
him,  with  specifications  of  the  offense  charged,  shall  be  given  to  the  Govern- 
ment which  surrendered  him,  which  may,  if  it  think  proper,  require  the 


EXTRADITION,  53 

production  of  one  of  the  documents  mentioned  in  article  7  of  this  conven- 
tion. 

The  consent  of  that  government  shall  be  required  for  the  extradition  of 
the  accused  to  a  third  country  ;  nevertheless  such  consent  shall  not  be  nec- 
essary when  the  accused  shall  have  asked  of  his  own  accord  to  be  tried  or 
to  undergo  his  punishment,  orMhen  he  shall nothave  lef£  within  the  space 
of  time  above  specified  the  territory  of  the  country  to  which  he  has  been 
BUiTcndered. 

Akticle  IV. 

The  provisions  of  this  convention  shall  not  be  ai>idiia1)le  to  persona 
guilty  of  .my  political  crime  or  offense  or  of  one  connected  with  such  a 
crime  or  offense.  A  person  who  has  been  surrendered  on  account  of  one  of 
the  common  crimes  or  offenses  mentioned  in  article  2,  shall  consequently  in 
no  ca!-e  be  prosecuted  and  punished  in  the  State  to  which  his  extradition 
has  been  granted  on  account  of  a  political  crime  or  offense  committed  by 
him  previously  to  his  extradition  or  on  account  of  an  act  connected  with 
such  a  political  crime  or  offense,  unless  he  has  been  at  liberty  to  leave  the 
country  for  one  month  after  having  Ijeen  tried,  and,  in  case  of  condemna- 
tion, for  one  month  after  having  suffered  his  punishment  or  having  been 
pardoned. 

An  attempt  against  the  life  of  the  head  of  a  foreign  government  or  against 
that  of  any  member  of  his  family,  when  such  attempt  comprises  the  act 
either  of  murder  or  assassination  or  of  poisoning,  shall  not  be  considered  a 
political  offense  or  an  act  connected  with  such  an  offense. 

Article  V. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own 
citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  VI. 

If  the  person  whoso  surrender  maj*  bo  claimed  jtursuant  to  tho  stipula- 
tions of  the  present  treaty  shall  have  been  arrested  ftr  the  commission  of 
offenses  in  the  country  where  he  has  sought  au  asylum,  or  shall  have  been 
convicted  thereof,  his  extradition  may  bo  deferred  until  he  shall  have  been 
acr[uitted,  or  have  served  the  term  of  imprisonment  to  which  lie  may  have 
been  sentenced. 

Article  VII. 

KequisitionH  of  tho  surrenderor  fugitives  from  justice  shall  always  be 
made  through  a  di[iIomatic  chaiiiii'l. 

If  the  person  whose  e.vtradition  may  be  asked  for  shall  have  been  con- 
viite<l  of  a  crime  or  offense,  a  foi>y  of  the  Hcutence  of  the  court  in  wbicli  he 
may  have  been  convicted,  authenticated  under  it«  seal  and  attostutiou  of 
tlie  official  character  of  tho  judge  by  tho  proper  executive  authority  ;  and 
of  the  latter  l)y  the  minister  or  consul  of  tho  United  Slates  or  by  tlie  min- 
ister or  consul  charged  witii  the  interests  of  Luxemburg,  respectively, 
shall  accompany  the  requisition.     Wlien,  however,  tho  fugitive  shall  have 


54  EXTRADITION. 

been  merely  charged  with  crime,  a  duly  authenticated  copy  of  the  warrant 
for  his  arrest  in  the  country  where  the  crime  may  have  been  committed, 
and  the  depositions  upon  which  such  warrant  may  have  been  issued,  must 
accompany  the  requistion  as  aforesaid.  The  President  of  the  United  States 
or  the  proper  authority  in  Luxemburg  may  then  issue  a  warrant  for  the 
apprehension  of  the  fugitive,  in  order  that  he  may  be  brought  before  the 
proper  judicial  authority  for  examination.  If  it  should  then  be  decided 
that,  according  to  the  law  and  the  evidence,  the  extradition  is  due  pursu- 
ant to  the  treaty,  the  fugitive  may  be  given  up  according  to  the  forms  pre- 
scribed in  such  cases. 

Article  VIII. 

The  expenses  of  the  arrest,  detention  and  transportation  of  the  persons 
claimed  shall  be  paid  by  the  government  in  whose  name  the  requisition  has 
been  made. 

Article  IX. 

Extradition  shall  not  be  granted  in  pursuance  of  the  provisions  of  this 
convention,  if  legal  proceedings  or  the  enforcement  of  the  penalty  for  the 
act  committed  by  the  person  claimed,  has  become  barred  by  limitation,  ac- 
cording to  the  laws  of  the  country  to  which  the  requisition  is  addressed. 

Article  X. 

All  articles  found  in  the  j)ossession  of  the  accused  parly  and  obtained 
through  the  commission  of  the  act  with  which  he  is  charged,  or  that  may 
be  used  as  evidence  of  the  crime  for  which  his  extradition  is  demanded, 
shall  be  seized  if  the  comi^etent  authority  shall  so  order,  and  shall  be  sur- 
rendered with  his  jjersou. 

The  rights  of  third  parties  to  the  articles  so  found  shall  nevertheless  be 
respected. 

Article  XI. 

The  present  conventioTi  shall  take  effect  thirty  days  after  the  exchange 
of  ratifications. 

It  may  be  terminated  by  either  of  the  contracting  parties,  but  shall  re- 
main in  force  for  six  months  after  notice  has  been  given  for  its  termina- 
tion. 

It  shall  be  ratified  and  its  ratifications  shall  be  exchanged  as  soon  as  pos- 
sible. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed  the  above 
articles  both  in  the  English  and  French  languages,  and  they  have  there- 
unto affixed  their  seals. 

Done,  in  duplicate,  at  the  city  of  Berlin,  this  29th  day  of  October,  A.  D. 
1883. 

[seal.]  A.  A.  Sargent. 

r  SEAL.  ]  Paul  E  yschen. 


EXTRADITION.  55 


MECKLENBURG-SCHAVEEIX. 

DECLAEATION  OF  ACCESSION  TO  THE  CONVEXTION  FOR  THE  EXTRADI- 
TIO^'^  OF  CRIillXALS,  FUGITIVES  FROM  JUSTICE,  OF  JUNE  16,  1852,  BE- 
TWEEN THE  IJiflTED  STATES  AXD  PRUSSIA  AXD  OTHER  STATES  OF 
THE  GERMAXIC  COXFEDERATIOX,  AXD  TO  ADDITIONAL  ARTICLE 
THERETO  OF  NOVEMBER  10,  1852. 

Dated  Noveniber  26, 1853  ;  proclaimed  January  6,  1854. 

[Translation.] 

Whereas  a  treaty  for  the  reciprocal  extradition  of  fugitive  crimiuuls  in 
special  cases,  was  concluded  between  Prussia  and  other  States  of  the  Ger- 
manic Confederation  on  the  one  hand,  and  the  United  States  of  North 
America  on  the  other,  under  date  of  June  16th,  1852,  at  Washington,  by 
the  Plenipotentiaries  of  the  contracting  parties,  and  has  been  ratilied^by 
the  contractiug  Governments ;  and  whereas,  in  the  second  article  of  the 
same,  the  United  States  of  North  America  have  declared  that  they  agree 
that  the  stipulations  of  the  aforesaid  treaty  shall  be  applicable  to  every 
other  State  of  the  Germanic  Confederation  which  shall  have  subsequently 
declared  its  accession  to  the  treaty  :  Now,  therefore,  in  accordance  there- 
with, the  Government  of  His  Royal  Highness  the  Grand  Duke  of  Meckleu- 
burg-Schwerin  hereby  declares,  through  the  undersigned  Grand  Ducal 
Minister  of  Foreign  Affairs,  its  accession  to  the  aforesaid  treaty  of  June 
10th,  1852,  which  is,  word  for  word,  as  follows  : 

[The  original  doclaration  here  includes  a  copy,  in  German  and  English, 
of  the  treaty  of  Juno  10,  1852,  and  of  the  additional  article  thereto  of 
November  10,  1852.] 

and  hereby  expressly  gives  assurance  that  each  and  every  article  and  stipu- 
lation of  this  treaty  shall  be  faithfully  observed  and  enforced  within  the 
territory  of  the  Grand  Duchy  of  Mocklenburg-Schworiu. 

In  testimony  whereof  the  Grand  Ducal  Minister  of  Foreign  Aii'airs,  in  the 
name  of  His  Royal  Highness  the  Grand  Duke  of  Mecklenburg-Schwerin, 
has  executed  this  declaration  of  accession,  and  caused  the  Ministerial  seal 
to  be  thereunto  affixed. 

Done  at  Scbwerin,  November  20th,  185:5. 

[SEAL.]  Gk.  v.  IJulow, 

Grand  Ducal  Minister  of  Foreign  Affairs  of  ileoJclcnburg-Schwcrin. 


56  EXTRADITION. 


3IECKLENBURG-STREIiITZ. 

DECLARATION  OF  ACCESSION  TO  THE  CONVENTION  FOK  THE  EXTRADI- 
TION  OF  CRIMINALS,  FUGITIVE  FROM  JUSTICE,  OF  JUNE  1(5,  1852,  BE- 
TWEEN THE  UNITED  STATES  AND  PRUSSIA  AND  OTHER  STATES  OP 
THE  GERMANIC  CONFEDERATION. 

Dated  December  2,  1853  ;  proclaimed  January  26,  1854. 

[Translation.] 

Whereas  a  treaty  for  the  reciprocal  extradition  of  fugitive  criminals,  in 
special  cases,  was  concluded  between  Prussia  and  other  States  of  the  Ger- 
manic Confederation  on  the  one  hand,  and  the  United  States  of  North 
America  on  the  other,  under  date  of  June  16th,  1852,  at  Washington,  by 
tbe  Plenipotentiaries  of  the  contracting  parties,  and  has  been  ratified  by 
the  contracting  Governments ;  and  whereas,  in  the  second  article  of  the 
same,  the  United  States  of  North  America  have  declared  that  they  agree 
that  the  stipulations  of  the  aforesaid  treaty  shall  be  applicable  to  every 
other  State  of  the  Germanic  Confederation  which  shall  have  subsequently 
declared  its  accession  to  the  treaty :  Now,  therefore,  in  accordance  there- 
with, the  Government  of  His  Royal  Highness  the  Grand  Duke  of  Mecklen- 
burg-Strelltz,  hereby  declares  its  accession  to  the  aforesaid  treaty  of  June 
16th,  1852,  Avhich  is,  word  for  word,  as  follows : 

[The  original  declaration  here  includes  a  cojoy,  in  German,  of  the  treaty 
of  J  une  16,  1852.  ] 

and  hereby  expressly  gives  assurance  that  each  and  every  article  and  stipu- 
lation of  this  treaty  shall  be  faithfully  observed  and  enforced  within  the 
territory  of  the  Grand  Duchy  of  Mecklenburg-Strelitz. 

In  testimony  whereof  the  undersigned  Grand  Ducal  Minister  of  State,  in 
the  name  of  His  Royal  Highness  the  Grand  Duke  of  Mecklenburg-Strelitz, 
has  executed  this  declaration  of  accession,  and  caused  the  seal  of  the  Grand 
Ducal  Ministry  of  State  to  be  thereunto  attixed. 

Done  at  Neustrelitz,  the  2d  day  of  December,  1853. 

[seal.]  p.  V.  Kandorfp, 

Grand  Ducal  Minister  of  State, 
Drischow.. 


MEXICO. 


Concluded  December  11,  1861 ;  ratifications  exchanged  at  Mexico  May  20, 1862  ; 

proclaimed  June  20,  1862. 

The  United  States  of  America  and  the  United  Mexican  States,  having 
judged  it  expedient,  with  a  view  to  the  better  administration  of  justice  and 
to  the  prevention  of  crime  within  their  respective  territories  and  jurisdic- 
tions, that  persons  charged  with  the  crijnes  hereinafter  enumerated,  and 
being  fugitives  from  justice,  should,  under  certain  circumstances,  be  re- 
ciprocally delivered  up,  have  resolved  to  conclude  a  treaty  for  this  pur- 


EXTRADITION.  57 

pose,   and  have  named  as  their  respective  Plenipotentiaries,  that  is  to 
say: 

The  President  of  the  United  States  has  ai»poiutcd  Thomas  Conviu,  a 
citizen  of  the  United  States,  and  their  Envoy  Extraordinary  and  Minister 
Plenipotentiary  near  the  Mexican  Government ;  and  the  President  of  the 
United  Mexican  States  has  appointed  Sebastian  Lerdo  de  Tejada,  a  citizen 
of  the  said  States,  and  a  Depiity  of  the  Congress  of  the  Union  ; 

Who,  after  having  communicated  to  each  other  their  respective  full  pow- 
ers, found  in  good  and  due  form,  have  agreed  upon  and  concluded  the  fol- 
lowing articles : 

Articlk  I. 

It  is  agreed  that  the  contracting  parties  shall,  on  requisitions  made  in 
their  name,  through  the  medium  of  their  respective  diplomatic  agents,  de- 
liver up  to  justice  persons  who,  being  accused  of  the  crimes  enumerated  in 
article  third  of  the  present  treaty,  committed  within  the  jurisdiction  of  the 
requiring  l)arty,  shall  seek  an  asylum,  or  shall  be  found  within  the  territo- 
ries of  the  other :  Provided,  That  this  shall  be  done  only  when  the  fact  of 
the  commission  of  the  crime  shall  bo  so  established  as  that  the  laws  of  the 
country  in  which  the  fugitive  or  the  person  so  accused  shall  be  found,  would 
justify  his  or  her  apprehension  and  commitment  for  trial  if  the  crime  had 
been  there  committed. 

Article  II. 

In  the  case  of  crimes  committed  in  the  frontier  States  or  Territories 
of  the  two  contracting  parties,  requisitions  may  be  made  through  their 
respective  diplomatic  agents,  or  throug[h]  the  chief  civil  authority  of  said 
States  or  Territories,  or  through  such  chief  civil  or  judicial  authority  of 
the  districts  or  counties  bordering  on  the  frontier  as  may  for  this  purpose 
be  duly  authorized  by  the  said  chief  civil  authority  of  th(!  said  frontii'r 
States  or  Territories,  or  when,  from  any  cause,  the  civil  authority  of  such 
State  or  Territory  shall  be  suspended,  through  the  chief  military  olHcer  in 
command  of  such  State  or  Territory. 

Articmc  III. 

Persons  shall  be  so  delivered  up  who  shall  b(^  charged,  according  to  the 
provisions  of  this  treaty,  with  any  of  the  following  crimes,  whether  as 
principals,  accessories,  or  accomplices,  to  wit:  Murder,  (inehiding  assas- 
sination,  parricide,  inlantieido,  and  ]»oiMnning;)  assault  with  intent  toconi- 
mit  murder;  mutilation  ;  piracy;  arson;  rape;  ki<lnai>ping,  deliniiig  the 
same  to  bo  the  taking  and  carrying  away  of  a  f^;eo  ])erson  by  forc<'  or  decep- 
tion ;  forgery,  inelurlirig  the  forging  or  making,  or  knowingly  imssing  or 
putting  in  circulation  cr)iinterfeit  coin  or  bank  notes,  <n-ot  her  paper  current 
as  money,  with  intent  todefraud  any  person  or  iiersons;  tiie  introduction  or 
making  of  instruments  for  the  fabrication  of  counldrfeil  <-oinor  bank  notes, 
or  other  paper  current  as  money ;  embezzlement  of  jtublic^  ujoneys  ;  rob- 
bery,  defining  the  same  to  be  th«5  IVOonious  and  I'orcilde  taking  from  Iho 
person  of  another  of  goods  or  money  to  any  value,  by  violence  or  putting 
him  in  fear;  burglary,  defining  the  same  to  be  bnN'iking  and  entering  into 


58  EXTEADITION 

the  house  of  another  with  iuteut  to  commit  felony;  and  the  crime  of  lar- 
ceny of  cattle,  or  other  goods  and  chattels,  of  the  value  of  twenty-five 
dollars  or  more, when  the  same  is  committed  within  the  frontier  States  or 
Territories  of  the  contracting  parties. 

Article  IV. 

On  the  part  of  each  country  the  surrender  of  fugitives  from  justice  shall 
he  made  only  by  the  authority  of  the  Executive  thereof,  except  in  the  case 
of  crimes  committed  withiu  the  limits  of  the  frontier  States  and  Territories, 
in  which  latter  case  the  surrender  may  be  made  by  the  chief  civil  authority 
thereof,  or  such  chief  civil  or  judicial  authority  of  the  districts  or  counties 
bordering  on  the  frontier  as  may  for  this  purpose  be  duly  authorized  by  the 
said  chief  civil  authority  of  the  said  frontier  States  or  Territories,  or  if, 
from  any  cause,  the  civil  authority  of  such  State  or  Territory  shall  be  sus- 
pended, then  such  surrender  may  be  made  by  the  chief  military  officer  in 
command  of  such  State  or  Territory. 

Article  V. 

All  expenses  whatever  of  detention  and  delivery  effected  in  virtue  of  the 
preceding  provisions  shall  be  borne  and  defrayed  by  the  Government  or 
authority  of  the  frontier  State  or  Territory  in  whose  name  the  requisition 
shall  have  been  made. 

Article  VI. 

The  iJrovisions  of  the  present  treaty  shall  not  be  applied  in  any  manner 
to  any  crime  or  off"ence  of  a  purely  political  character,  nor  shall  it  embrace 
the  return  of  fugitive  slaves,  nor  the  delivery  of  criminals  who,  when  the 
offence  was  committed,  shall  have  been  held  in  the  place  where  the  offence 
was  committed  in  the  condition  of  slaves,  the  same  being  expressly  forbid- 
den by  the  Constitution  of  Mexico  ;  nor  shall  the  provisions  of  the  present 
tieaty  be  applied  in  auy  manner  to  the  crimes  enumerated  in  the  third  ar- 
ticle committed  anterior  to  the  date  of  the  exchange  of  the  ratifications 
hereof. 

Neither  of  the  contracting  jiarties  shall  be  bound  to  deliver  uj)  its  owu 
citizens  under  the  stipulations  of  this  treaty. 

Article  VII. 

This  treaty  shall  continue  in  force  until  it  shall  be  abrogated  by  the 
contracting  parties,  or  one  of  them;  but  it  shall  not  be  abrogated  except 
by  mutual  consent,  unless  the  party  desiring  to  abrogate  it  shall  give 
twelve  mouths'  previous  notice. 

Article  VIII. 

The  present  treaty  shall  be  ratified  in  conformity  with  the  Constitutions 
of  the  two  countries,  and  the  ratifications  shall  be  exchanged  at  the  city 
of  Mexico  within  six  months  from  the  date  hereof,  or  earlier  if  possible. 

In  witness  whereof  we,  the  Plenipotentiaries  of  the  United  States  of 
America  and  of  the  United  Mexican  States,  have  signed  and  sealed  these 
presents. 


EXTRADITION  59 

Done  in  the  city  of  Mexico  on  the  eleventh  day  of  December,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-one,  the  eighty-sixth  of 
the  Independence  of  the  United  States  of  America,  and  the  forty-first  of 
that  of  the  United  Mexican  States. 

[seal.]  Thos.  CoiiWiN. 

[seal.]  Seb'x  Lekdo  dk  Tejada. 


NETHERLANDS. 

Concluded  May2'2,  1880;  Batificaiiona  exchanged  at  Washington  July  29,  1880; 

proclaimed  July  30,  1880. 

The  United  States  of  America  and  His  Majesty  the  King  of  the  Nether- 
lands having  judged  it  expedient,  with  a  view  to  the  better  administration  of 
justice  and  the  prevention  of  crime  vrithin  their  respective  territories  and 
jurisdictions,  that  persons  charged  with,  or  convicted  of,  the  crimes  herein- 
after enumerated,  and  being  fugitives  from  justice,  should  under  certain 
circumstances,  be  reciprocally  delivered  up,  have  resolved  to  couclude  a  con- 
vention for  that  purpose,  and  have  appointed  as  their  Plenipotentiaries  : 

The  President  of  the  United  States :  William  Maxwell  Evarts,  Secretary  of 
State  of  the  United  States,  and  His  Majesty  the  King  of  the  Netherlands: 
Jonkheer,  Rudolph  Alexander  August  Edward  von  Pestel,  Knight  of  the 
Order  of  the  Netherlands  Lion,  His  Majesty's  Minister  Resident  in  the 
United  States  ;  who,  after  having  communicated  to  each  other  their  respect- 
ive full  i)Owers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles. 

Article  I. 

The  United  States  of  America  and  His  Majesty  the  King  of  the  Nether- 
lands reciprocally  engage  to  deliver  up  to  justice  all  persons  convicted  of  or 
charged  with  any  o£  the  crimes  or  ollences  eniuiieratcd  in  the  loUowing 
article,  committed  within  the  respective  jurisdiction  of  the  United  States 
of  America,  or  of  the  Kingdom  of  the  Netheriaixls,  exclusive  of  the  Colonies 
thereof,  such  persons  being  actually  witbiii  sncli  jurisiliction  when  the 
crime  or  offence  was  committed,  who  shall  seek  iin  asylum  or  shall  be 
found  within  the  jurisdiction  of  the  other,  e.xclnsive  of  the  coloui«'8  of 
the  Netherlands:  Provided,  That  this  shall  only  bo  doni- upon  hucIi  evi- 
dence of  criminality  as,  according  to  tin-  laws  of  I  he  pl.-ico  when?  the  fugitive 
so  charged  sliall  be  found,  would  justify  hlHaiiprehoiiHion  and  uommitmeut 
for  trial,  if  the  crimeoroflbuco  had  been  Ihoro  committed. 

Ahticlk.  II. 

Persons  shall  bo  delivered  u]i,  according  to  the  jtrovisions  of  this  conven- 
tion, who  shall  have  been  charged  with,  or  convicted  of,  any  of  the  follow- 
ing crimes  : 

1.  Murder,  comprrOieiuling  tin-  crimes  of  nssassination,  jjarricide,  infanti- 
cide, and  poisoning. 


60  EXTRADITION. 

2.  The  attempt  to  commit  murder. 

3.  Kape. 

4.  Arson. 

5.  Burglary ;  or  the  corresponding  crime  iu  the  Netherlands  law  under 
the  description  of  thefts  committed  in  an  inhabited  house  by  night,  and 
by  breaking  iu,  by  climbing,  or  forcibly. 

6.  The  act  of  breaking  into  and  entering  public  offices,  or  the  offices  of 
banks,  banking-houses,  savings-banks,  trust  companies,  or  insurance  com- 
panies, with  intent  to  commit  theft  therein  ;  and  also  the  thefts  resulting 
from  such  act. 

7.  Robbery;  or  the  corresponding  crime  i^anished  in  the  Netherlands 
law  under  the  description  of  theft  committed  with  violence  or  by  means  of 
threats. 

8.  Forgery,  or  the  utterance  of  forged  pagers  including  the  forgery  or 
falsification  of  official  acts  of  the  Government  or  public  authority  or  courts 
of  justice  affecting  the  title  or  claim  to  money  or  property. 

9.  The  counterfeiting,  falsifying  or  altering  of  money,  whether  coin  or 
paper,  or  of  bank  notes,  or  instruments  of  debt  created  by  National,  State 
or  Municipal  Governments,  or  coupons  thereof,  or  of  seals,  stamps,  dies  or 
marks  of  state ;  or  the  utterance  or  circulation  of  the  same. 

10.  Embezzlement  by  public  officers  charged  with  the  custody  or  receipt 
of  public  funds. 

11.  Embezzlement  by  any  person  or  persons  hired  or  salaried,  to  the  det- 
riment of  their  employers,  where  the  off"ense  is  subject  to  punishment  by 
the  law  of  the  Netherlands  as  aius  de  confiance,  if  extradition  is  demanded 
by  the  United  States,  or  is  subject  to  punishment  as  a  crime  in  the  United 
States,  if  extradition  is  demanded  by  the  Netherlands. 

Article  III. 

The  provisions  of  this  Convention  shall  not  apply  to  any  crime  or  offence 
of  a  political  character,  nor  to  acts  connected  with  such  crimes  or  offences ; 
and  no  person  surrendered  under  the  provision  hereof  shall  in  any  case  be 
tried  or  punished  for  a  crime  or  offence  of  a  political  character,  nor  for  any 
act  connected  therewith,  committed  previously  to  his  extradition. 

Article  IV. 

The  present  Convention  shall  not  apply  to  any  crime  or  offence  committed 
previous  to  the  exchange  of  the  ratifications  hereof ;  and  no  person  shall  be 
tried  or  punished  after  surrender  for  any  crime  or  offence  other  than  that 
for  which  he  was  surrendered  if  committed  previous  to  his  surrender,  unless 
such  crime  or  offence  be  one  of  those  enumerated  iu  Article  II.  hereof,  and 
shall  have  been  committed  subsequent  to  the  exchange  of  ratifications. 

Article  V. 

A  fugitive  criminal  shall  not  be  surrendered  under  the  provisions  hereof 
when,  by  lapse  of  time,  he  is  exempt  from  prosecution  or  punishment  for 
the  crime  or  offence  for  which  the  surrender  is  asked,  according  to  the  laws 
of  the  country  from  which  the  extradition  is  demanded,  or  when  his  extra- 


EXTRADITION.  61 

dition  is  asked  for  the  same  crime  or  oflfeuce  for  which  he  has  been  tried, 
convicted  or  acquitted  in  that  country,  or  so  long  as  he  is  under  prosecu- 
tion for  the  same. 

Article  YI. 

If  a  fugitive  criminal,  whose  extradition  may  be  claimed  pursuant  to  tbe 
stipulations  hereof,  be  actually  under  prosecution  for  a  crime  or  otience  in 
the  country  where  he  has  sought  asylum,  or  shall  have  been  convicted 
thereof,  his  extradition  may  be  deferred  until  such  proceedings  be  termi- 
nated, and  until  such  criminal  shall  be  set  at  liberty  in  due  course  of  law. 

Article  VII. 

If  a  fugitive  criminal  claimed  by  one  of  the  parties  hereto  shall  also  be 
claimed  by  one  or  more  powers,  imrsuant  to  treaty  provisions  on  account 
of  crimes  committed  within  their  jurisdiction,  such  criminal  shall  be  deliv- 
ered in  preference  in  accordance  with  that  demand  which  is  the  earliest  in 
date. 

Article  VIII. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up,  under  the 
stipulations  of  this  convention,  its  own  citizens  or  subjects. 

Article  IX. 

The  expenses  of  the  arrest,  detention,  examination  and  transportation  ot 
the  accused  shall  be  paid  by  the  government  which  has  preferred  the  de- 
mand for  extradition. 

Article  X. 

Everything  found  in  the  possession  of  the  fugitive  criminal,  at  the  time 
of  his  arrest,  which  may  be  material  as  evidence  in  makiug  proof  of  the 
crime,  shall,  so  far  as  practicable  according  to  the  laws  or  practice  in  the 
respective  countries,  be  delivered  uj)  with  his  person  at  the  tiiue  of  sur- 
render. Nevertheless,  the  rights  of  third  parties,  with  regard  to  all  suih 
articles,  shall  Ije  duly  respected. 

Article  XI. 

Requisitions  for  tlie  surrender  of  fugitives  from  justice  shall  \u\  made  by 
the  respective  diplomatic  agnnts  of  the  contracting  ]iarties.  In  the  pveiit, 
of  tln!  absenefi  of  sucli  agf-nts  from  tlH>  country,  or  its  seat  of  govenuneut, 
refpiisition  may  be  made  by  consular  odicrrs. 

When  the  person  wliose  extraditijui  shall  liave  been  asked,  shall  liave 
been  ertuvic^ted  of  tin-  crinn-,  ji  copy  of  Ihi-  sentence  «tf  the  e<»urt  in  wliich 
he  may  have  hceii  convicted,  authenticated  under  its  seal  and  aecoiui>anic(i 
by  an  Btt<'8tation  of  the  oflicial  character  of  the  judge  by  the  proper  aii- 
tliority,  shall  bir  furnished. 

If,  liowever,  the  fugitive  is  merely  charged  with  crime,  a  <luly  aulheuti- 
cated  copy  of  the  warrant  of  arrest  in  the  country  wliere  tlin  crime  was 
committed,  and  of  the  d)-])o.sitions  uikui  which  such  warrant  may  have  boon 


62  EXTRADITION. 

issued,  shall  be  produced,  authenticated  as  above  provided,   with  such 
other  evidence  or  proof  as  may  be  deemed  competent  in  the  case. 

If,  after  an  examination,  it  shall  be  decided,  according  to  the  law  and 
evidence,  that  extradition  is  due  pursuant  to  this  convention,  the  fugitive 
shall  be  surrendered  according  to  the  forms  of  law  prescribed  in  such 
cases. 

Apticle  XII. 

The  present  convention  shall  take  effect  on  the  twentieth  day  after  its 
promulgation  in  the  manner  prescribed  by  the  laws  of  the  respective  coun- 
tries. After  the  convention  shall  so  have  gone  into  operation,  it  shall 
continue  until  one  of  the  two  parties  shall  give  to  the  other  six  months 
notice  of  its  desire  to  terminate  it. 

This  convention  shall  be  ratified,  and  the  ratifications  shall  be  ex- 
changed at  Washington  or  the  Hague  as  soon  as  possible. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  convention,  in  duplicate,  and  have  hei'eunto  affixed  their  seals. 

Done  at  Washington,  in  the  English  and  Dutch  languages,  on  the 
twenty-second  day  of  May  in  the  year  of  our  Lord  eighteen  hundred  and 
eighty. 

[seal.]  William  Maxwell  Evarts. 

[seal.]  Rudolph  von  Pestel. 


Concluded  June  2,  1887 ;  Ratifications  exchanged  May  31,  1889 ;  Proclaimed 

June  21,  1889. 

The  United  States  of  America  and  His  Majesty  the  King  of  the  Nether- 
lands having  judged  it  expedient,  with  a  view  to  the  better  administration 
of  justice  and  the  prevention  of  crime  within  their  respective  territories 
and  jutisdictions,  that  persons  charged  with,  or  convicted  of,  the  crimes 
hereinafter  enumerated,  and  being  fugitives  from  justice,  should,  under 
certain  circumstances,  be  reciprocally  delivered  up,  have  resolved  to  con- 
clude a  new  convention  for  that  purpose,  and  have  appointed  as  their 
plenipotentiaries : 

The  President  of  the  United  States  of  America;  Thomas  F.  Bayard,  Sec- 
retary of  State  of  the  United  States,  and 

His  Majesty  the  King  of  the  Netherlands ;  William  Ferdinand  Henry  von 
Weckherlin,  His  Majesty's  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary to  the  United  States,  who,  after  having  communicated  to  each  other 
their  respective  full  powers,  found  in  good  and  due  form,  have  agreed  upon 
and  concluded  the  following  articles : 

Article  I. 

The  United  States  of  America  and  His  Majesty  the  King  of  the  Nether- 
lands reciprocally  engage  to  deliver  up  to  justice  all  persons  convicted  of 
or  charged  with  any  of  the  crimes  or  offences  enumerated  in  the  following 
article,  committed  within  the  respective  jurisdiction  of  the  United  States 
of  America,  or  of  the  Kingdom  of  the  Netherlands,  exclusive  of  the  Colonies 


EXTRADITION.  63 

thereof,  snch  persons  being  actually  within  sucli  jurisdiction  when  the 
crime  or  offence  was  committed,  wlio  shall  seek  an  asylum  or  shall  be  found 
•within  the  jurisdiction  of  the  other,  exclusive  of  the  Colonies  of  the  Neth- 
erlands: Provided,  That  this  shall  only  be  done  upou  such  evidence  of 
criminality  as,  according  to  the  laws  of  the  place  where  the  fugitive  so 
charged  shall  be  found,  would  justify  his  apprehension  and  commitment 
for  trial,  if  the  crime  or  offence  had  been  there  committed. 

Article  II. 

Persons  shall  be  delivered  up,  according  to  the  provisions  of  this  conven- 
tion, who  shall  have  been  charged  with,  or  convicted  of,  any  of  the  follow- 
ing crimes: 

1.  Murder,  including  infanticide  ;  manslaughter. 

2.  Rape,  bigamy,  abortion. 

3.  Arson. 

4.  Mutiny,  and  rebellion  on  shipboard  by  two  or  more  passengers  against 
the  authority  of  the  commander  of  the  ship,  or  by  the  crew  or  part  of  the 
crew,  against  the  commander  or  the  ship's  officers. 

5.  Burglary ;  or  the  corresponding  crime  in  the  Netherlands  law  under 
the  description  of  thefts  committed  in  an  inhabit  (m1  house  by  night,  and  by 
breaking  in,  by  climbing,  or  forcibly. 

6.  The  act  of  breaking  into  and  entering  public  offices  or  the  offices  of 
banks,  banking-houses,  savings-banks,  trust-companies,  or  insurance  com- 
panies, witli  intent  to  commit  theft  therein  ;  and  also  the  thefts  resulting 
from  such  act. 

7.  Rol)bery  ;  or  the  corresponding  crime  ijiiiiisht'd  in  the  Netluirlandslaw 
under  the  description  of  theft  committed  with  violence  or  by  moans  of 
threats. 

8.  Forgery,  or  tlie  utterance  of  forged  papers  including  the  forgery  or 

falsification  of  official  acts  of  the  Government  or  public  authority  or irts 

of  justice  affecting  the  title  or  claim  to  money  or  property. 

9.  The  counterfeiting,  falsifying  or  altering  of  money,  whether  coin  or 
paper,  orof  instruments  of  debt  created  by  national,  state,  i)ii)viucial,  or  uiu- 
uiciiial  govcrnnients,  or  coupons  thereof,  or  ot  liank-notes,  or  the  nttoranco 
or  circulation  of  the  same,  or  the  counterfeiting,  falsifying  <>r  alliTingof 
the  seals  of  .State. 

10.  Kmbezzlemcnt  by  public  officers. 

11.  Embezzlement  by  any  person  or^persons  hired  or  saliiried,  to  the  det- 
riment of  their  employers,  when  the  ollfiice  is  subject  to  pnnislini.iit  by 
imi)ri.soniiient  l»y  the  laws  of  lioth  countries. 

12.  Destruction  or  loss  of  a  vessel  nii  the  liigb  seas,  or  within  the  juris- 
diction of  the  party  asking  the  extradition,  caused  intentionally. 

I'A.  Kiiliiapjiing  of  niiiiors,  defined  to  be  tin;  alidiiction  or  iletention  of  a 
minor  for  any  unlawful  enil. 

14.  Obtaining  by  false  devices  money,  valuables  or  other  personal  prop- 
erty, and  the  imrchaHc  of  the  Siinu*  with  the  knowledge  that  tln^y  Imvo 
been  so  obtained,  when  the  crimes  or  oU'enetis  ani  pnuisliable  liy  inipi  ison- 
ment  or  other  corporal  punishment  by  the  laws  of  both  countrien. 

lb.  Larceny,  defined  to  be  the  theft  of  effects,  personal  piojterty,  or 
money. 


64  EXTRADITION. 

16.  Wilful  aud  unlawful  deHtructiou  or  obstruction  of  railroads,  wliicli 
endangers  buniai:  life. 

Extradition  shall  also  be  granted  for  complicity  in  any  of  tbe  crimes  or 
oiieuces  enumerated  in  this  article,  jiroA-ided  that  tbe  persons  cbarged  with 
or  convicted  of  such  coiui)licity  may  be  pnnisbed  as  accessories  with  im- 
prisonment of  a  year  or  more,  by  the  laws  of  both  countries. 

Extradition  may  also  be  granted  for  the  attempt  to  commit  any  of  the 
crimes  above  enumerated,  when  such  attempt  is  punishable  with  impris- 
onment of  a  year  or  more,  by  the  laws  of  both  contracting  parties. 

Article  III. 

The  provisions  of  this  convention  shall  not  apply  to  any  crime  or  oifence 
of  a  political  character,  nor  to  acts  connected  with  such  crimes  or  offences  ; 
and  no  person  surrendered  under  the  provisions  hereof  shall  in  any  case  be 
tried  or  punished  for  a  crime  or  offence  of  a  political  character,  nor  for  any 
act  connected  therewith,  committed  previously  to  his  extradition. 

Article  IV. 

No  person  shall  be  tried  or  punished,  after  surrender,  for  any  crime  or 
offence  other  than  that  for  which  he  was  surrendered,  if  committed  previous 
to  his  surrender,  unless  such  crime  or  offence  be  one  of  those  enumerated  in 
Article  II  hereof. 

Article  V, 

A  fugitive  criminal  shall  not  be  surrendered  under  the  provisions  hereof 
■when,  by  lapse  of  time,  he  is  exempt  from  prosecution  or  punishment  for 
the  crime  or  offence  for  which  the  surrender  is  asked,  according  to  the 
laws  of  the  coimlry  from  w^hich  the  extradition  is  demanded,  or  when  his 
extradition  is  asked  for  the  same  crime  or  offence  for  which  he  has  been 
tried,  convicted  or  acquitted  in  that  country,  or  so  long  as  he  is  under, 
prosecution  for  the  same. 

Article  VI. 

If  the  person  whose  extradition  may  be  claimed  pursuant  to  the  stipula- 
tions hereof,  be  actually  under  prosecution  for  a  crime  or  offence  in  the 
country  where  he  has  sought  asylum,  or  shall  have  been  convicted  thereof, 
his  extradition  may  be  deferred  until  such  proceedings  be  terminated,  and 
until  such  criminal  shall  be  set  at  liberty  in  due  course  of  law. 

Article  VII. 

If  the  person  claimed  by  one  of  the  parties  hereto  shall  also  be  claimed 
by  one  or  more  powers,  pursuant  to  treaty  provisions  on  account  of  crimes 
committed  within  their  jurisdiction,  such  criminal  shall  be  delivered  in 
preference,  in  accordance  with  that  demand  which  is  tne  earliest  iu  date. 

Article  VIII. 

Neither  of  the  contracting  jiarties  .shall  be  bound  to  deliver  up,  under 
the  stipulations  of  this  convention,  its  own  citizens  or  subjects. 


EXTRADITION.  65 

Article  IX. 

The  expenses  of  the  arrest,  detention,  examination  and  transportation  of 
the  accused  shall  be  paid  by  the  government  which  has  preferred  the 
demand  for  extradition. 

Article  X. 

All  articles  found  in  the  possession  of  the  fugitive  criminal  at  the  time  of 
his  arrest,  which  were  obtained  through  the  commission  of  the  act  of 
which  ho  is  convicted  or  with  which  he  is  charged,  or  which  may  be  ma- 
terial as  evidence  in  making  proof  of  the  crime,  shall,  so  far  as  practicable 
according  to  the  laws  or  practice  in  the  respective  countries,  be  delivered 
up  with  his  person  at  the  time  of  surrender.  ,  Nevertheless,  the  rights  of 
third  parties,  with  regard  to  all  such  articles,  shall  be  duly  respected. 

Article  XI. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be  made  by 
the  respective  diplomatic  agents  of  the  contracting  parties.  In  the  event 
of  the  absence  of  such  agents  from  the  couutry,  or  its  seat  of  government, 
requisition  may  be  made  by  consular  officers. 

When  the  person  whose  extradition  shall  have  been  asked,  shall  have 
been  coiivicfed  of  the  crime,  a  copy  of  the  sentence  of  the  court  in  which 
he  may  have  been  convicted,  authenticated  under  its  seal  and  accom- 
panied by  an  attestation  of  the  ocficial  character  of  the  judge  by  the 
proper  authority,  shall  be  furnished. 

If,  however,  the  fugitive  is  merely  charged  with  crime,  a  duly  authenti- 
cated copy  of  the  warrant  of  arrest  in  the  couutry  where  the  crime  was 
committed,  and  of  the  depositions  upon  which  such  warrant  may  have 
issued,  shall  be  produced,  authenticated  as  aljovo  provided,  with  such  other 
evidence  or  proof  as  may  be  deemed  competent  in  the  case. 

If,  after  an  examination,  it  shall  be  decided,  according  to  the  law  and  evi- 
dence, that  extradition  is  due  pursuant  to  this  conveution,  the  fugitive 
shall  be  surrendered  according  to  the  forms  of  law  prescribed  in  such  cases. 

Article  XII. 

It  shall  be  lawful  for  any  competent  judicial  authority  of  the  United 
States  of  America,  upon  ]>ro(luctiou  of  a  certificate  issued  by  tlm  Sctn.'tai y 
of  State  that  reriuest  has  b<!<n  made  by  t  Ik;  Government  of  the  Netherljituls 
for  tlie  provisional  arrest  of  a  person  convicted  or  accuwul  of  tlui  connniH- 
sioD  therein  of  a  crime  extraditable  under  this  convention,  and  upon  legal 
complaint  that  such  crime  has  been  so  ronimitted,  to  i.sHue  his  w.-irriiiit  for 
the  appi<li('i)Hion  of  such  person.  J5ut  if  the  fornuil  re(|uisitioii  lor  sur- 
render with  the  <locunientary  jiroofs  her«'inbe(bre  prescribed  be  not  made  as 
aforesaid,  by  the  dii)lornatie  agint,  of  the  deiuainliiig  government,  ctr,  in  his 
alisence,  by  a  consular  officer  tliereof.  wiililn  forty  days  rnuii  the  dale  of 
the  commitment  of  the  person  convicted  or  accused,  the  prisoner  siiall  be 
dischargefl  froin  cuHlody. 

And  it  shall  be  lawful  for  any  eoin|i(  lent  jndieiiil  autlif>rity  of  tlu<  Neth- 
erlands, upon  prndiieriDU  of  a  cerlifieate  JHHued  liy  llie Minister  of  Toreign 
!S.  Ex.  ">.■> 5 


66  EXTRADITION. 

Affairs  that  reauest  haa  been  made  by  the  Government  of  the  United  States 
for  the  provisional  arrest  of  a  person  convicted  or  accused  of  the  commis- 
sion therein  of  a  crime  extraditable  under  this  convention,  to  issue  his 
warrant  for  the  api)reheusion  of  such  person.  But  if  the  formal  requisi- 
tion for  surrender  with  the  documentary  proofs  hereinbefore  prescribed  be 
not  made  as  aforesaid  by  the  diplomatic  agent  of  the  demanding  govern- 
ment, or,  in  his  absence,  by  a  consular  officer  thereof,  within  forty  days 
from  the  date  of  the  arrest  of  the  person  convicted  or  accused,  the  prisoner 
shall  be  discharged  from  custody. 

Article  XIII. 

The  present  convention  shall  take  effect  on  the  twentieth  day  after  its 
promulgation  in  the  manner  prescribed  by  the  laws  of  the  respective  coun- 
tries. On  the  same  day  the  Convention  entered  into  by  the  two  contract- 
ing parties  on  the  22nd  day  of  May,  1880,  shall  be  abrogated  and  annulled. 
But  the  present  Convention  shall  be  held  to  apply  to  crimes  enumerated  in 
the  former  convention  and  committed  prior  to  its  abrogation  and  annull- 
ment.  And  as  to  other  crimes,  the  present  convention  shall  not  be  held  to 
operate  retroactively. 

After  the  present  convention  shall  have  gone  into  operation,  it  shall  con- 
tinue until  one  of  the  two  parties  shall  give  to  the  other  six  months'  notice 
of  its  desire  to  terminate  it. 

This  convention  shall  be  ratified,  and  the  ratifications  shall  be  exchajiged 
at  Washington  or  The  Hague  as  soon  as  possible. 

In  testimony  whereof  the  respective  plenipotentiaries  have  signed  the 
present  convention,  in  duplicate,  and  have  hereunto  affixed  their  seals. 

Done  at  the  City  of  Washington  the  second  day  of  June  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  eighty-seven. 

[SEAL.]  T.  F.  Bayard. 

[seal.]  W.  F.  H.  von  Weckherlin. 


NICARAGUA. 

Concluded  June  25,  1870 ;  Baiificatlons  exchanged  at  Managua  June  24,  1871 ; 

2)roclaimed  Sej^temher  19,  1871. 

The  United  States  of  America  and  the  Republic  of  Nicaragua,  having 
judged  it  expedient,  with  a  view  to  the  better  administration  of  justice, 
and  to  prevention  of  crimes  within  their  respective  territories  and  juris- 
diction, that  persons  convicted  of,  or  charged  with  the  crimes  hereinafter 
mentioned,  and  being  fugitives  from  justice,  should,  under  certain  circum- 
stances, be  reciprocallj'  delivered  up,  have  resolved  to  conclude  a  conven- 
tion for  that  purpose,  and  have  appointed  as  their  Plenipotentiaries: 

The  President  of  the  United  States,  Charles  N.  Riotte,  a  citizen  and  Min- 
ister Resident  of  the  United  States  in  Nicaragua,  the  President  of  the 
Republic  of  Nicaragua,  Mister  Tomas  Ayon,  Minister  for  For[eigu]  Rela- 
tions ; 


EXTRADITION.  67 

Who,  after  reciprocal  commuuication  of  their  full  powers,  found  in  good 
and  due  form,  have  agreed  upon  the  following  articles,  viz: 

Article  I. 

The  Government  of  the  United  States  and  the  Government  of  Nicaragua 
mutually  agree  to  deliver  up  persons  who,  having  heen  convicted  of  or 
charged  with  the  crimes  specified  in  the  following  article,  committed 
within  the  jurisdiction  of  one  of  the  contracting  parties,  shall  seek  an 
asylum  or  be  found  within  the  territories  of  the  other  :  Provided,  that  this 
shall  only  be  done  upon  such  evidence  of  criminality  as,  according  to  the 
laws  of  the  place  where  the  fugitive  or  person  so  charged  shall  be  found, 
would  justify  his  or  her  apprehension  and  commitment  for  trial,  if  the 
crime  had  been  there  committed. 

Article  II. 

Persons  shall  be  delivered  up,  who  shall  have  been  convictel  of,  or  be 
charged,  according  to  the  provisions  of  this  convention,  with  any  of  the 
following  crimes: 

1.  Murder,  comprehending  assassination,  parricide,  infanticide,  and  iioi- 
soning. 

2.  The  crimes  of  rape,  arson,  piracy,  and  mutiny  on  board  a  ship,  whenever 
the  crew,  or  part  thereof,  by  fraud  or  violence  against  the  commander, 
have  taken  possession  of  a  vessel. 

3.  The  crime  of  burglary,  defined  to  be  the  action  of  breaking  and  enter- 
ing by  night  into  the  house  of  another  with  the  intent  to  commit  felony  ; 
and  the  crime  of  robbery,  defined  to  the  action  of  feloniously  and  forcibly 
taking  from  the  person  of  another  goods  or  money,  by  violence,  or  putting 
him  iu  fear. 

4.  The  crime  of  forgery,  by  which  is  understood  the  utterance  of  forged 
papers,  the  counterfeiting  of  public,  sovereign,  or  government  acts. 

5.  Tiic  fabrication  or  circulation  of  counterfeit  money,  cither  coin  or 
paper,  of  public  bonds,  bank-notes,  and  obligations,  and  iu  geiu'ral  of  all 
titles  of  instruments  of  credit,  the  counterfeiting  of  seals,  dies,  stamps, 
and  marks  of  State  and  public  administrations,  and  llio  uttennice  thereof. 

(1.  The  (embezzlement  of  public  moneys,  (•<unuiilted  within  the  juris- 
diction of  either  party,  by  public  officers  or  depositors. 

7.  Embe/zlement  by  any  person  or  persons  hired  or  saliiricd,  to  the 
detriment  of  their  employers,  wlien  tiie.se  crimes  arc  sulijected  (o  inrunKins 
puniHiinicnt. 

Akticlk  ill. 

The  provisions  of  this  treaty  shall  not  apply  to  any  crime  or  olVen<<'  of  a 
political  clinractfr,  and  the  ])erson  or  pcrs(Mis  deliviTi-rl  up  for  llu^  crimcH 
enumerated  in  the  i»rf'cediug  article,  hIimII  in  no  case  be  tri(id  for  any 
ordinary  crime,  committed  previously  to  that  for  which  his  or  llu-ir  sur- 
reniler  is  asked. 

AiniCLK.  IV. 

If  the  jxTHon,  whoso  surrender  uuiy  be  claimed  pursuant  to  the  stijJMla- 
tious  of  the  present  treaty,  shall  havr  been  arrested  for  tin-  coinmiMsion  of 


68  EXTRADITION. 

offences  in  the  coimtry  where  he  has  sought  an  asylum,  or  shall  have  been 
convicted  thereof ,  his  extradition  may  be  deferred  until  he  shall  have  been 
acquitted,  or  have  served  the  term  of  imprisonment  to  which  he  may  have 
been  sentenced. 

Article  V. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be  made  by 
the  respective  Diplomatic  Agents  of  the  contracting  parties,  or,  in  the 
event  of  the  absence  of  these  from  the  country  or  its  seat  of  government, 
they  may  be  made  by  superior  consular  officers.  If  the  person  whose  extra- 
dition may  be  asked  for  shall  have  been  convicted  of  a  crime,  a  copy  of 
the  sentence  of  the  court  in  which  he  may  have  been  convicted,  authenti- 
cated under  its  seal,  and  an  attestation  of  the  official  characterof  the  judge 
by  the  proper  executive  authority,  and  of  the  latter  by  the  Minister  or  Con- 
sul of  the  United  States  or  of  Nicaragua,  resiiectively,  shall  accompany 
the  requisition.  When,  however,  the  fugitive  shall  have  been  merely 
charged  with  crime,  a  duly  authenticated  copy  of  the  warrant  of  his  ar- 
rest in  the  country  where  the  crime  may  have  been  committed,  and  of  the 
depositions  upon  which  such  warrant  may  have  been  issued,  must  accom- 
pany the  requisition  as  aforesaid.  The  President  of  the  United  States,  or 
the  proper  executive  authority  in  Nicaragua,  may  then  issue  a  warrant  for 
the  apprehension  of  the  fugitive,  in  order  that  he  may  be  brought  before 
the  proper  judicial  authority  for  examining  the  question  of  extradition.  If 
it  should  be  decided  that,  according  to  law  and  evidence,  the  extradition 
is"  due  pursuant  to  this  treaty,  the  fugitive  may  be  given  up  according  to 
the  forms  prescribed  in  such  cases. 

Article  VI. 

The  expenses  of  the  arrest,  detention,  and  transportation  of  the  persons 
claimed  shall  be  paid  by  the  Government  in  whose  name  the  requisition 
shall  have  been  made. 

Article  VII. 

This  convention  shall  continue  in  force  during  five  (5)  years  from  the 
day  of  exchange  of  ratifications  ;  but  if  neither  party  shall  have  given  to 
the  other  six  (G)  months  previous  notice  of  its  intention  to  terminate  the 
same,  the  convention  shall  remain  in  force  five  (5)  years  longer,  and  so  on. 

The  present  convention  shall  be  ratified  and  the  ratifications  exchanged 
at  the  capital  of  Nicaragua,  or  any  other  place  temporally  occupied  by 
the  Nioaraguan  Government,  within  twelve  (12)  months,  or  sooner  if  pos- 
sible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the  pres- 
ent convention  in  duplicate,  and  have  thereunto  affixed  their  seals. 

Done  at  the  city  of  Managua,  capital  of  the  Republic  of  Nicaragua,  the 
twenty-fifth  day  of  June,  one  thousand  eight  hundred  and  seventy,  of  the 
Independence  bf  the  United  States  the  ninety-fourth,  and  of  the  Independ- 
ence of  Nicaragua  the  fifty-ninth. 

[seal.]  ■  Charles  N.  Riotte. 

[seal.]  Tomas  Ayon. 


EXTRADITION.  69 


DECLAKATION  OF  ACCESSION  TO  THE  CONVENTION  FOR  THE  EXTRADI- 
TION OF  CRIMINALS.  FUGITIVE  FKOlXf  JUSTICE,  OF  JUNE  16.  18.i2.  BE- 
TWEEN THE  UNITED  STATES  AND  PRUSSIA  AXD  OTHER  STATES  OF 
THE  GERMANIC  CONFEDERATION,  AND  TO  ADDITIONAL  ARTICLE 
THERETO  OF  NOVEMBER  16,  1852. 

Sigiud  Decemier  30,  1853;  proclaimed  March  21,  1853. 

[Translation.] 

Wberciis  a  tieaty  for  the  reciprocal  extradition  of  fugitive  criminals,  in 
special  ca.se.>*,  was  concliKled  between  Prussia  and  other  States  of  tbe  Ger- 
manic Con  federal  Ion,  on  tbe  one  band,  and  tbe  United  States  of  North 
America  on  tbe  other,  under  date  of  June  16th,  1852,  at  Wasbingtou,  by 
the  Plenipotentiaries  of  the  contracting  parties,  and  has  been  ratilied  by 
the  contracting  Governments;  and -whereas,  in  the  second  article  of  the 
same,  tbe  United  States  of  North  America  have  declared  that  they  agree 
that  the  stipulations  of  the  aforesaid  treaty  shall  be  applicable  to  every 
other  State  of  tbe  Germanic  Confederation  which  shall  have  subsequently 
declared  its  accession  to  the  treaty :  Now,  therefore,  in  accordance  there- 
with, tbe  Government  of  His  Royal  Highness  tbe  Grand  Duke  of  Olden- 
burg hereby  declaresits  accession  to  tbe  aforesaid  treaty  of  June  16th,  1852, 
which  is,  M-ord  for  word,  as  follows; 

[Tbe  oiiginal  declaration  here  includes  a  copy  in  German  of  the  treaty  of 
June  16,  1852,  and  of  the  additional  article  thereto  of  November  16,  1852.] 
and  hereby  expressly  gives  assurance  that  each  and  every  article  and  stipu- 
lation of  this  treaty  shall  be  faitbfully  observed  aud  enforced  within  the 
territory  of  the  Grand  Duchy  of  Oldenburg. 

In  testimony  whereof,  the  Grand  Ducal  Minister  of  State  of  Oldenburg, 
in  the  name  of  His  Royal  Highness  tbe  Grand  Duke  of  Oldenburg,  has  ex- 
ecuted the  present  declaration  of  accession,  aud  caused  the  Ministerial  seal 
to  be  affixed  thereto. 

Done  at  Oldenburg,  December  thirtieth,  one  thousand  eight  hundred  and 
tifty-tbree. 

[SEAL.]  Vox  RossiNG, 

Grand  Ducal  Minister  of  State  of  Oldtnhurg. 


ORANGK  FIIEE  STATE. 

Concluded  December  22,  1871  ;  HalifieutionH  eiehmnjed  at  ]VaHhin<jion  August 
18,  1H73  ;  jiroelaimid  Aiif/uHt  23,  1873. 

AUTICLK   \'III. 

The  United  States  of  America  and  the  Orange  Free  State,  on  requisitiouH 
made  in  their  name  through  the  medium  of  tlieir  reHpe<-tive  dii>Iomali<'  or 
cou.sular  agents,  shall  deliver  up  to  justice  persons  who,  being  (•liarg«'d 
with  tlu!  crimes  enumerated  in  the  following  article,  committed  within  tbe 


70  EXTRADITION. 

jurisdiction  of  the  requiring  party,  shall  seek  asylum  or  shall  be  found 
\rith  the  territories  of  the  other. 

Provided,  That  this  shall  be  done  only,  when  the  fact  of  the  commission 
of  the  crime  shall  be  so  established  as  to  justify  their  apprehension  and 
commitment  for  trial,  if  the  crime  had  been  committed  in  the  country 
where  the  person  so  accused,  shall  be  found. 

Article  IX. 

Persons  shall  be  delivered  up  according  to  the  provisions  of  this  conven- 
tion, who  shall  be  charged  with  any  of  the  following  crimes,  to  wit:  Mur- 
der, (including assassination,  parricide,  infanticide,  and  poisoning  ;)attemj)t 
to  commit  murder,  rape,  fogery  or  the  emission  of  forged  papers,  arson, 
robbery  with  violence,  intim[idjation  or  forcible  entry  of  an  inhabited 
house,  piracy ;  embezzlement  by  public  officers,  or  by  persons  hired  or 
salaried  to  the  detriment  of  their  employers,  when  these  crimes  are  subject 
to  infamous  punishment. 

Article  X. 

The  surrender  shall  be  made  by  executives  of  the  contracting  parties 
respectively. 

Article  XI. 

The  expense  of  detention  and  delivery  effected  pursuant  to  the  preceding 
articles,  shall  be  at  the  cost  of  the  party  making  the  demand. 

Article  XII. 

The  provisions  of  the  aforegoing  articles  relating  to  the  surrender  of 
fugitive  criminals,  shall  not  apply  to  offences  committed  before  the  date 
hereof,  nor  to  those  of  a  political  character. 


OTTOMAN  PORTE. 

Concluded  August  11, 1874 ;  Ratifications  exchanged  at  Constantinople  April  22, 
1875  ;  proclaimed  May  26,  1875. 

The  United  States  of  America  and  His  Imperial  Majesty  the  Sultan, 
having  judged  it  expedient,  with  a  view  to  the  better  administration  of 
justice  and  to  the  prevention  of  crimes  within  their  respective  territories 
and  jurisdiction,  that  persons  convicted  of  or  charged  with  the  crimes  here- 
inafter specified,  and  being  fugitives  from  justice,  should,  under  certain 
circumstances,  be  reciprocally  delivered  up,  have  resolved  to  conclude  a 
convention  for  that  purpose,  and  have  appointed  as  their  Plenipotenti- 
aries : 

The  President  of  the  United  States  George  H.  Boker,  Minister  Resident 
of  the  United  States  of  America  near  the  Sublime  Porte ;  aud  His  Imperial 
Maje.sty  the  Sultan,  His  Excellency  A.  Aarifi  Pasha,  his  Minister  for  For- 


EXTKADITIOX.  71 

eign  Affairs  ;  who,  after  reciprocal  commnnication  of  their  full  powers, 
fouud  in  good  and  due  form,  have  agreed  upon  the  followiug  articles,  to 
wit : 

Art.  I. 

The  Government  of  the  United  States  and  the  Ottoman  Government 
mutually  agree  to  deliver  up  persons  who,  having  heen  convicted  of  or 
charged  with  the  crimes  specified  in  the  following  article,  committed  with- 
in the  jurisdiction  of  one  of  the  contracting  parties,  shall  seek  an  asylum 
or  be  found  within  the  territories  of  the  other :  Provided,  That  this  shall 
only  be  done  upon  such  evidence  of  criminality  as,  according  to  the  laws  of 
the  place  where  the  fugitive  or  person  so  charged  shall  be  found,  would  jus- 
tify his  or  her  apprehension  and  commitment  for  trial,  if  the  crime  had 
been  there  committed. 

Art.  II. 

Persons  shall  be  delivered  up  who  shall  have  been  convicted  of,  or  bo 
charged,  according  to  the  provipions  of  this  convention,  withany  of  the 
following  crimes  : 

1st.  Murder,  comprehending  the  crimes  designatedby  the  terms  of  parri- 
cide, assassination,  poisoning,  and  infanticide. 

2d.  The  attempt  to  commit  murder. 

3rd.  The  crimes  of  rape,  arson,  jiiracy,  and  mutiny  on  board  a  ship,  when- 
ever the  crew,  or  iiart  thereof,  bj'  fraud  or  violence  against  the  eoniiiiaiider, 
have  taken  possession  of  the  vessel. 

4tli.  The  crime  of  burglary,  defined  to  be  the  action  of  breaking  and  en- 
tering by  night  into  the  house  of  another  with  the  intent  to  commit  felony  ; 
and  the  crime  of  robbery,  defined  to  be  the  action  of  feloniously  and  forci- 
bly taking  from  the  person  of  another  goods  or  monej',  by  violence,  or  put- 
ting him  in  fear. 

r)th.  The  crime  of  forgery,  by  which  is  understood  the  utterance  of  forged 
papers,  the  counterfeiting  of  public,  sovereign,  or  government  acts. 

(3th.  The  fabrication  or  circulation  of  counterfeit  money,  either  coin  or 
paper,  of  public  bonds,  bank-notes  and  obligations  and  in  general  of  all 
things,  beiug  titles  and  instruments  of  credit,  the  counterfoil  lug  of  seals, 
dies,  stamps,  and  marks  of  state  and  public  administrations  and  the  utter- 
ance thereof. 

7th.  Tljii  embezzlement  of  public  moneys  committed  within  the  jurisdic- 
tion of  cither  party,  by  public  officers  or  depositors. 

dth.  Enibfjzzleiueiitby  uuy  person  or  person  hired  or  salaried,  to  tlu*  dot- 
riment  of  tlieir  employers,  when  those  crimes  are  subject  (<>  iiif;iiii<iii-^  pun- 
ishment. 

AliT.   III. 

The  provisions  of  this  treaty  shall  not  apply  to  any  crime  or  oflTonco  of  a 
political  (diaracter,  and  the  person  or  pr^rsons  <lolivered  up  for  the  crimes 
enumerated  in  the  preceding  article  shall  in  no  vnno  be  tried  for  any  ordi- 
nary crime,  committed  previously  to  that  for  which  hisortheirHurronderia 

asked. 

Art.  IV. 

If  the  person  whose  surrender  may  bo  claimed,  pursuant  to  the  stipula- 
tions of  the  present  treaty,  shall  have  been  arrested  for  the  commisHion  of 


72  EXTKADITION. 

oflFences  in  the  country  wliere  lie  has  sought  an  asyhim,  or  shall  have  been 

convicted  thereof,  his  extradition  may  be  deferred  until  he  shall  have  been 

acquitted,  or  have  served  the  term  of  imprisonment  to  which  he  may  have 

been  sentenced. 

Art.  V. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  bo  made  by 
the  respective  diplomatic  agents  of  the  contracting  parties,  or  in  the  event 
of  the  absence  of  these  from  the  country,  or  its  seat  of  government,  they 
may  be  made  by  superior  consular  officers.  If  the  person  whose  extradition 
may  be  asked  for  shall  have  been  convicted  of  a  crime,  a  copy  of  the  sentence 
of  the  court  in  which  he  may  have  been  convicted,  authenticated  under  its 
seal  and  an  attestation  of  the  official  character  of  the  judge  by  the  proper 
executive  authority,  and  of  tlie  latter  by  ihe  minister  or  consul  of  the  United 
States  or  of  the  Sublime  Porte,  respectively,  shall  accompany  the  requi- 
sition. When,  however,  the  fugitive  shall  have  been  merely  charged  with 
a  crime,  a  duly  authenticated  copy  of  the  warrant  for  his  arrest  in  the  coun- 
try where  the  crime  may  have  been  committed,  or*  of  the  depositions  upon 
which  such  warrant  may  have  been  issued, must  accompany  the  requisition 
as  aforesaid.  The  President  of  the  United  States  or  the  proper  executive 
authority  in  Turkey  may  then  issue  a  warrant  for  the  ajiprehension  of  the 
fugitive,  in  order  that  he  may  lie  brought  before  the  proper  judicial  au- 
thority for  examination.  If  it  should  then  be  decided  that,  according  to 
law  and  the  evidence,  the  extradition  is  due  pursuant  to  the  treaty,  the 
fugitive  may  be  given  up  according  to  the  forms  prescribed  in  such  cases. 

Art.  VI. 

The  expenses  of  the  arrest,  detention,  and  transportation  of  the  persons 

claimed  shall  be  paid  by  the  government  in  whose  name  the  requisition 

has  been  made. 

Art.  VII. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own 
citizens  under  the  stipulations  of  this  treaty. 

Art.  VIII. 

This  convention  shall  continue  in  force  during  five  (5)  years  from  the  day 
of  exchange  of  ratification,  but  if  neither  party  shall  have  given  to  the 
other  six  (6)  mouths'  previous  notice  of  its  intention  to  terminate  the  same, 
the  convention  shall  remain  in  force  five  years  longer,  and  so  on. 

The  present  convention  shall  be  ratified,  and  the  ratifications  exchanged 
at  Constantinople,  within  twelve  (12)  months,  and  sooner,  if  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate,  and  have  thereunto  affixed  their  seals. 

Done  at  Constantinople  the  eleventh  day  of  August  one  thousand  eight 
hundred  and  seventy-four. 

[seal.]  Geo.  H.  Boker. 

[seal.]  a.  Aarifi. 

*  In  the  French  text  the  word  et  (and)  follows  the  word  commis  (com- 
mitted). 


EXTRADITION.  73 


PERU.* 

Concluded  Septeniber  12,  1870 ;  Batifications  exchanged  a  iLima  May  28,  lb74 ; 

proclaimed  July  27,  1874. 

The  United.  States  of  America  aufl  the  Republic  of  Pern,  having  judged 
it  expedient,  ■^ith  a  view  to  the  better  administration  of  justice  and  the 
prevention  of  crime  within  their  respective  territories  :md  jurisdictions, 
that  persons  charged  with  the  crimes  hereinafter  ennmerated  should,  un- 
der certain  circnmstances,  be  reciprocally  delivered  up,  have  resolved  to 
conclude  a  treaty  for  this  purpose,  and  have  named  as  their  respective 
Plenipotentiaries,  that  is  to  say:  the  President  of  the  United  States  of 
America  has  appointed  Alvin  P.  Hovey,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  States  of  America  near  the  Government  of 
the  Republic  of  Peru;  and  the  President  of  Pern  has  appointed  His  Excel- 
lency Doctor  Jo86  Loayza,  Minister  of  Foreign  Affairs  of  Peru  ;  who,  after 
having  commnnicated  to  each  other  their  respective  full  powers,  found  in 
good  and  true  form,  have  agreed  upon  and  concluded  the  following  ar- 
ticles: 

AUTICLK  I. 

It  is  agreed  that  the  contracting  parties  shall,  on  requisitions  made  in 
their  name  through  the  medium  of  their  respective  diplomatic  agents,  de- 
liver up  to  justice  persons  who,  being  accused  or  convicted  of  the  crimes 
enumerated  in  Article  II  of  the  present  treaty,  committed  within  the  juris- 
diction of  the  requiring  party,  shall  seek  an  asylum,  or  shall  bo  found 
within  the  territories  of  the  other  :  Provided,  That  this  shall  be  done  only 
when  the  fact  of  the  commission  of  the  crime  shall  bo  so  established  as 
that  the  laws  of  the  country  in  which  the  fugitive  or  the  person  so  accused 
shall  be  found  would  justify  his  or  her  apprehension  and  commitment  for 
trial  if  the  crime  had  been  there  committed. 

AUTICLK  II. 

Persons  shall  be  so  delivered  up  who  shall  b(!  charged,  acconling  to  tlio 
provisions  of  this  treaty,  with  any  of  the  following  crimes,  wliclber  as 
principalis,  accessories,  or  accomplices,  to  wit: 

1.  Murder,  comprehending  tho  crimes  of  parricide,  assaasinal  ion,  puis<ui- 
ing,  and  infanticide. 

2.  Rajjc,  abduction  by  force. 

3.  Bigamy. 

4.  Arson. 

5.  Kidnapping,  defining  tho  same  to  bo  the  taking  or  carrying  away  of  a 
person  by  force  or  deception.  ■ 

6.  Robbery,  higliway  robbciry,  larceny. 

7.  Burglary,  delined  to  bo  the  action  of  breaking  and  eiiti  ring  l)y  iiigiit- 
time  into  tho  house  of  another  person  with  the  intent  to  commit  a  felony. 

8.  Counterfeiting  or  altering  money,  the  introduction  of  fraiuluji-nt  com- 
merce of  and  in  false  coin  and  money;  counterfeiting  tho  cerlilicatos  or 


Terminated  March  31,  1886. 


74  EXTRADITION. 

obligations  of  the  Governinent,  of  bauk-uotes,  and  of  any  other  documents 
of  public  credit,  the  uttering  and  use  of  the  same;  forging  or  altering  judi- 
cial judgments  or  decrees  of  the  Government  or  courts,  of  the  seals,  dies, 
postage-stamps,  and  revenue-stamiJs  of  the  Government,  and  the  use  of  the 
same ;  forging  i)ublic  and  authentic  deeds  and  documents,  both  commercial 
and  of  banks,  and  the  use  of  the  same. 

9.  Embezzlement  of  public  moneys  committed  within  the  jurisdiction  of 
either  party  by  public  officers  or  bailees,  and  embezzlement  by  any  persons 
hired  or  salaried. 

10.  Fraudulent  bankruptcy. 

11.  Fraudulent  barratry. 

12.  Mutiny  on  board  of  a  vessel,  when  the  persons  who  compose  the  crew 
have  taken  forcible  possession  of  the  same  or  have  transferred  the  ship  to 
pirates. 

13.  Severe  injuries  intentionally  caused  on  railroads,  to  telegraph  lines, 
or  to  persons  by  means  of  explosion  of  mines  or  steam-boilers. 

14.  Piracy. 

Article  III. 

The  provisions  of  the  present  treaty  shall  not  be  applied  in  any  manner 
to  any  crime  or  oftense  of  a  purely  political  character,  nor  shall  the  pro- 
visions of  the  present  treaty  be  applied  in  any  manner  to  the  crimes  enu- 
merated in  the  second  article  committed  anterior  to  the  date  of  the  ex- 
change of  the  ratification  hereof.  Neither  of  the  contracting  parties  shall 
be  bound  to  deliver  up  its  own  citizens  under  the  stipulations  of  this  treaty. 

Article  IV. 

The  extradition  will  be  granted  in  virtue  of  the  demand  made  by  the 
one  Government  on  the  other,  with  the  remission  of  a  condemnatory  sen- 
tence, an  order  of  arrest,  or  of  any  other  process  equivalent  to  such  order, 
in  which  will  be  specified  the  character  and  gravity  of  the  imputed  acts, 
and  the  dispositions  of  the  penal  laws  relative  to  the  case.  The  documents 
accompanying  the  demand  for  extradition  shall  be  originals  or  certified 
copies,  legally  authorized  by  the  tribunals  or  by  a  competent  person.  If 
possible,  there  shall  be  remitted  at  the  same  time  a  descriptive  list  of  the 
Individual  required,  or  any  other  proof  towards  his  identity. 

Article  V. 

If  the  person  accused  or  condemned  is  not  a  citizen  of  either  of  the  con- 
tracting powers,  the  Government  granting  the  extradition  will  inform  the 
Government  of  the  country  to  which  the  accused  or  condemned  may  belong 
of  the  demand  made,  and  if  the  last-named  Government  reclaims  the  indi- 
vidual on  its  own  account  for  trial  in  its  own  tribunals,  the  Government 
to  which  was  made  the  demand  of  extradition  may,  at  will,  deliver  the 
criminal  to  the  State  in  whose  territories  the  crime  was  committed,  or  to 
that  to  which  the  criminal  belongs.  If  the  accused  or  sentenced  person 
whose  extradition  may  be  demanded,  in  virtue  of  the  present  convention, 
from  one  of  the  contracting  parties,  should  at  the  same  time  be  the  subject 
of  claims  from  one  or  other  Governments  simultaneously  for  crimes  or  mis- 


EXTRADITION.  75 

demeanors  committed  in  their  respective  territories,  lie  or  she  shall  be  de- 
livered up  to  that  Government  in  whose  territories  the  oftense  committed 
was  of  the  gravest  character:  and  when  the  offenses  are  of  like  nature  and 
gravity,  the  delivery  will  be  made  to  the  Government  making  the  first  de- 
mand ;  and  if  the  dates  of  the  demands  be  the  eame,  that  of  the  nation  of 
which  the  criminal  may  belong  will  be  preferred. 

Article  VI. 

If  the  person  claimed  is  accused  or  sentenced  in  the  country  where  he 
may  have  taken  refuge,  for  a  crime  or  misdemeanor  committed  in  that 
country,  his  delivery  may  be  delayed  until  the  definitive  sentence  releasing 
him  be  pronounced,  or  until  such  time  as  he  may  have  complied  with  the 
punishment  inflicted  on  him  in  the  country  where  he  took  refuge. 

Article  VII. 

• 

In  cases  not  admitting  of  delay,  and  especially  in  those  where  there  is 
danger  of  escape,  each  of  the  two  Governments,  authorized  by  the  order  for 
apprehension,  may,  by  the  most  expeditious  means,  ask  and  obtain  the  ar- 
rest of  the  person  accused  or  sentenced,  on  condition  of  presenting  the  said 
order  for  apprehension  as  soon  as  may  be  possible,  not  exceeding  four 
months. 

Article  VIII. 

All  expenses  whatever  of  detention  and  delivery  effected  in  virtue  of  the 
preceding  i^rovisions  shall  be  borne  and  defrayed  by  the  Government  in 
whose  name  the  requisition  shall  have  been  made. 

Article  IX. 

This  treaty  shall  commence  from  the  date  of  the  exchange  of  the  ratifica- 
tions, and  shall  continue  in  force  until  it  shall  be  abrogated  by  the  con- 
tracting parties  or  one  of  them ;  l^ut  it  shall  not  bo  abrogated,  «'xcoj)t  by 
mutual  cousent,  unless  the  party  desiring  to  ulirngiite  it  sliall  give  twelve 
months'  previous  notice. 

Ann  CM'  X. 

The  present  treaty  shall  lie  ratilif<l  in  etdilmiiiily  wiiii  I  lie  cDnsliiuiions 
of  the  two  countries,  and  the  ralili<  Jitioiis  shall  be  ex»!liaiigiMl  nt  the  cities 
of  Washington  or  Lima,  within  eighteen  months  from  the  date  hereof,  or 
sooner  if  possible. 

In  witness  whereof  we,  the  Plenipoteutiaries  of  the  United  States  of 
America  and  the  I'epublic  of  Peru,  havo  signed  and  scaled  these  presentH. 

Done  in  the  city  of  Lima,  in  duplicate,  English  anil  Spanish,  this  the 
twelfth  day  of  September,  in  the  year  of  our  Lord  one  thousand  eiglil  Iiun- 
dred  and  seventy. 

[SEAL.]  ALVIN  I'.    HoVEY. 

[seal.]  JOSl^:   J.    L(»AVZA. 


76  EXTRADITION. 

PEUSSIA  AND  OTHER  STATES  OF  THE  GERMANIC 

CONFEDE  RATION. 

Concluded  June  16, 1852 ;  Ratifications  exchanged  at  Washington  May  30, 1853 ; 

proclaimed  June  1,  1853. 

Whereas  it  is  found  expedient,  for  the  better  administration  of  justice 
and  the  prevention  of  crinje  within  the  territories  and  jurisdiction  of  the 
parties  respectively,  that  persons  comniitting  certain  heinous  crimes,  be- 
ing fugitives  from  justice,  should,  under  certain  circumstances,  be  recipro- 
cally delivered  up,  and  also  to  enumerate  such  crimes  explicitly;  and 
whereas  the  laws  and  constitution  of  Prussia,  and  of  the  other  German 
States,  parties  to  this  convention,  forbid  them  to  surrender  their  own  citi- 
zens to  a  foreign  jurisdiction,  the  Government  of  the  United  States,  with  a 
view  of  making  the  convention  strictly  reciprocal,  shall  be  held  equally 
free  fA)m  any  obligation  to  surrender  citizens  of  the  United  States:  There- 
fore, on  the  one  part,  the  United  States  of  America,  and,  on  the  other  parf, 
His  Majesty  the  King  of  Prussia,  in  his  own  name,  as  well  as  in  the  name 
of  His  Majesty  the  King  of  Saxony,  His  Royal  Highness  the  Elector  of 
Hesse,  His  Royal  Highness  the  Grand  Duke  of  Hesse  and  on  Rhine,  His 
Royal  Highness  the  Grand  Duke  of  Saxe- Weimar-Eisenach,  His  Highness 
the  DuliC  of  Saxe-Meiningeu,  His  Highness  the  Duke  of  Saxe-Alteuburg, 
His  Highness  the  Duke  of  Saxe-Coburg-Gotha,  His  Highness  the  Duke  of 
Brunswick,  His  Highness  the  Duke  of  Anhalt-Dessau,  His  Highness  the 
Duke  of  Anhalt-Bernbnrg,  His  Hiyhness  the  Duke  of  Nassau,  His  Serene  • 
Highness  the  Prince  Schwarzburg-Rudolstadt,  His  Serene  Highness  the 
Prince  of  Schwarzburg-Soudershausen,  Her  Serene  Highness  the  Princess 
and  Regent  of  Waldeck,  His  Serene  Highness  the  Prince  of  Reuss,  elder 
branch.  His  Serene  Highness  the  Prince  of  Reuss,  junior  branch.  His  Se- 
rene Highness  the  Prince  of  Lippe,  His  Serene  Highness  the  Landgrave  of 
Hesse-Homburg,  as  well  as  the  free  city  of  Francfort,  having  resolved  to 
treat  on  this  subject,  have  for  that  purpose  appointed  their  respective 
Plenipotentiaries  to  negotiate  and  conclude  a  convention,  that  is  to  say:' 

The  President  of  the  United  States  of  America,  Daniel  Webster,  Secretary 
of  State,  and  His  Majesty  the  King  of  Prussia  in  his  own  name,  as  well  as 
in  the  name  of  the  other  German  Sovereigns  above  enumerated,  and  the  free 
city  of  Francfort,  Frederic  Charles  Joseph  von  Gerolt,  his  said  Majesty's 
Minister  Resident  near  the  Government  of  the  United  States ; 

Who,  after  reciprocal  communication  of  their  respective  powers,  have 
agreed  to  and  signed  the  following  articles  : 

Article  I. 

It  is  agreed  that  the  United  States  and  Prussia,  and  the  other  States  of 
the  Germanic  Confederation  included  in  or  which  may  hereafter  accede  to 
this  convention,  shall  upon  mutual  reriuisitious  by  them  or  their  ministers, 
officers,  or  authorities,  respectively  made,  deliver  up  to  justice  all  persons 
who,  being  charged  with  the  crime  of  murder,  or  assault  with  intent  to  com- 
mit murder,  or  piracy,  or  arson,  or  r<tbbery,  or  forgery,  or  the  utterance  of 
forged  papers,  or  the  fabrication    or    circulation   of  counterfeit  money, 


EXTRADITIOX.  77 

whetlier  coin  or  paper  money,  or  the  embezzlement  of  public  moneys  com- 
mitted within  the  jurisdiction  of  either  party,  shall  seek  an  asylum,  or 
shall  be  found  within  the  territories  of  the  other  :  Provideil,  That  this  shall 
only  be  done  upon  such  evidence  of  criminality  as,  acc6rding  to  the  laws  of 
the  place  where  the  fugitive  or  person  so  charged  shall  be  found,  would 
justify  his  apprehension  and  commitment  for  trial,  if  the  crime  or  offence 
had  there  been  committed  ;  and  the  respective  judges  and  other  magistrates 
of  the  two  Governments  shall  have  power,  jurisdiction,  and  aulhority, 
upon  complaint  made  ujjou  oath,  to  issue  a  warrant  for  the  apprehension  of 
the  fugitive  or  i^ersou  so  charged,  that  he  may  be  brought  before  such 
judges  or  other  magistrates  respectively,  to  the  end  that  the  evidence  of 
criminalty  may  be  heard  and  considered ;  and  if,  on  such  hearing,  thei  evi- 
dence be  deemed  sufficient  to  sustain  the  ch;;rge,  it  shall  be  the  duty  of 
the  examiniug  judge  or  magistrate  to  certify  the  same  to  the  proper  execu- 
tive authority,  that  a  warrant  may  issue  for  the  surrender  of  such  fugitive. 
The  expense  of  such  apprehension  and  delivery  shall  be  borne  aud  defrayed 
by  the  party  who  makes  the  requisition  and  receives  the  fugitive. 

Article  II. 

The  stipulations  of  this  convention  shall  bo  applied  to  any  other  State  of 
the  Germanic  Confederation  which  may  hereafter  declare  its  accession 
thereto. 

Article  III. 

None  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own  citi- 
zens or  subjects  under  the  stipulations  of  this  convention. 

Article  IV. 

Whenever  any  person  accused  of  any  of  the  crimes  enumerated  iu  this 
convention  shall  have  conmiitted  a  new  crime  in  the  territories  of  the  State 
where  he  has  sought  an  asyliiiii,  or  shall  bi?  found,  such  jjorsou  shall  not  be 
delivered  up  under  the  stipulations  of  this  convention  until  he  shall  Iiave 
been  tried,  and  shall  have  received  the  punishment  due  to  such  new  crime, 
or  shall  have  been  acquitted  thereof. 

Article  V. 

The  present  convention  shall  continue  in  force  until  tho  Ist  of  January, 
1858,  and  if  neither  party  shall  have  given  to  tho  other  six  uionthB'  pri'- 
vious  notice  of  its  intention  them  to  teniiinatc  the  siinie,  it  shall  furthc-r  re- 
main in  force  until  the  ciud  of  twelve  njonths  after  either  of  the  liigh  con- 
tracting parties  shall  have  giviui  notice  to  tho  other  of  such  intention; 
each  of  the  high  contracting  parties  reserving  to  itself  the  right  of  giving 
such  notice  to  the  other,  at  any  time  after  the  expiration  of  the  said  first 
d;iy  <if  January,  l'^.'J8. 

Ahticlk  VI. 

Tho  present  convention  shall  be  ratified  by  tho  President,  by  and  with 
the  advice  and  consent  of  the  Senate  of  tho  United  States,  and  by  tho  Gov- 


78  EXTRADITION. 

ernmeut  of  Prussia,  aud  the  ratifications  shall  be  exchanged  atWashington 
within  six  months  from  the  date  hereof,  or  sooner  if  possible. 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed  this 
convention,  aud  have  hereunto  afiSxed  our  seals. 

Done  in  triplicate  at  Washingtou,  the  sixteenth  day  of  June,  one  thou- 
sand eight  hundred  and  fifty-two,  and  the  seventy-sixth  year  of  the  Inde- 
pendence of  the  United  States. 

[seal.]  Dan'l  Webster. 

[SEAL.]  FR.   v.    GeROLT. 


By  the  President  of  the  United  States  of  America. 

■   A   PROCLAMATION. 

Whereas  it  is  provided  by  the  second  article  of  the  convention  of  the  16th 
of  June,  1852,  between  the  United  States  and  Prussia  and  other  States  of  the 
Germanic  Confederation,  for  the  mutual  delivery  of  criminals,  fugitives 
from  justice,  in  certain  cases,  that  the  stii)ulations  of  that  convention  shall 
be  applied  to  any  other  State  of  the  Germanic  Confederation  which  might 
thereafter  declare  its  accession  thereto  ; 

And  whereas  the  Free  Hanseatic  city  of  Bremen  has  declared  its  acces- 
sion lo  the  said  convention,  and  the  exchange  of  the  said  declaration  for 
my  acceptance  of  the  same  was  made  at  Washington  on  the  14th  instant, 
by  Rudolph  Schleiden,  Minister  Resident  of  the  said  Free  Hanseatic  city 
of  Bremen,  and  William  L.  Marcy,  Secretary  of  State  of  the  United  States, 
on  behalf  of  their  respective  governments : 

Now,  therefore,  be  it  known,  that  I,  Fraxklix  Pierce,  President  of  the 
United  States  of  America,  have  caused  this  information  to  be  made  i>ublic, 
in  order  that  the  stipulations  of  the  said  convention  may  be  observed  and 
fulfilled  with  good  faith  in  respect  to  the  Free  Hanseatic  city  of  Bremen  by 
the  United  States  and  the  citizens  thereof. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the  seal  of 
the  United  States  to  be  affixed. 

Done  at  Washington  the  fifteenth  day  of  October,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty-three,  and  of  the  Independence  of  the 
United  States  the  seventy-eighth. 

[seal.]  Franklin  Pierce. 

By  the  President : 

W.  L.  Marcy,  Secretary  of  State. 

[Notice  of  the  accession  of  the  Governments  of  Mecklenburg-Schwerin, 
Mecklenburg-Strelitz,  Oldenburg,  Schaumburg-Lippe,  and  Wiirtemburg  to 
the  foregoing  convention  of  June  16,  1852,  with  Prussia  and  other  States  of 
the  Germanic  Confederation,  and  to  the  additional  article  thereto  of  Novem- 
ber 16,  1852,  with  the  date  of  such  accession,  and  that  of  the  proclamation 
of  the  fact  by  the  President,  will  bo  found  under  the  names  of  the  respect- 
ive States  in  their  alphabetical  order.] 


EXTRADITION.  79 


SALVADOR. 


Concluded  May,  23,  1870  ;  Unlifications  exchanged  at  Washington,  March  2, 
1874;  proclaimed  MarchA,  1874. 

The  United  States  of  America  and  the  Eepublic  of  Salvador,  having 
judged  it  expedient,  with  a  view  to  the  better  administration  of  justice, 
and  to  the  prevention  of  crimes  within  their  respective  territories  and  ju- 
risdiction, that  persons  convicted  of  or  charged  with  the  crimes  herein- 
after specified,  and  being  fugitives  from  justice,  shoukl,  under  certain  cir- 
cumstances, be  reciprocally  delivered  up,  have  resolved  to  conclude  a 
convention  for  that  purpose,  and  have  appointed  as  theii"  Plenipotentia- 
ries, the  President  of  the  United  States,  Alfred  T.  A.  Torbcrt,  Minister 
Resident  to  Salvador;  the  President  of  the  Eepublic  of  Salvador,  Seuor 
Doctor  Don  Gregorio  Arbizu,  Minister  of  Foreign  Affairs;  who,  after  a  re- 
ciprocal communication  of  their  full  powers,  found  in  good  and  due  form, 
have  agreed  upon  the  following  articles,  to  wit : 

Article  Ist. 

The  Government  of  the  United  States  and  the  Government  of  Salvador 
mutually  agree  to  deliver  up  persons  who,  having  been  convicted  of  or 
charged  with  the  crimes  specitied  in  the  following  article,  couiuiitted  with- 
in the  jurisdiction  of  one  of  the  contracting  parties,  shall  seek  au  asylum 
or  be  found  within  the  territories  of  the  other:  Provided,  That  this  shall 
only  be  done  upon  such  evidence  of  criminality  as,  according  to  the  laws 
of  the  place  where  the  fugitive  or  xjerson  so  charged  siiall  be  I'ound,  would 
justify  his  or  her  apprehension  and  commitment  for  trial  if  tlio  crim<'  Imd 
been  there  committed. 

Article  2nd. 

Persons  shall  bo  delivered  up  who  shall  have  been  convicted  of,  or  be 
charged,  according  to  the  provisions  of  this  convention,  with  auy  of  tli<( 

following  (-nMifs: 

1.  Murder,  comprehending  the  crimes  designated  in  the  penal  codes  of  the 

contracting  parties  by  the  terms  homicide,  parricide,  assnHsination,  poison- 
ing, and  infant icido. 

2.  Tin;  atttiiipt  to  commit  murder. 

:J.  The  crimes  of  rape,  anson,  piracy,  and  mutiny  on  board  a  ship,  wlien- 
evcrr  the  crow,  or  i)art  tliercr)f,  l)y  fraud  or  violen<Mi  against  the  eomm.ind.r. 
have  taken  jtossession  of  the  vessel. 

4.  The  criuKj  of  burglary,  dolined  to  bo  t!io  action  of  breaking  and  <'nt<T- 

ing  l)y  night  into  the  house  of  anolber  witli  llni  inlmt   t lumit  f«^Iony ; 

and  the  crime  of  robbery,  defined  to  be  the  action  of  fcioniouHJy  and  forci- 
bly taking  from  the  jicrson  of  anotlier  goods  or  money  by  violence,  or  put- 
ting him  in  fear. 

5.  The  crime  of  forgery,  li.v  w[li]ieli  is  un<lerNlood  tiii-,  iittcrancr  of  r.T.c.l 

papers,  the  eonnterf.iiting  of  jmblic,  sovereign,  or  governmeut  acts. 

G.  The  fabrication  or  circulation  of  counterfoit  mon<>y,  oilher  coin  or 
paper,  of  public  bonds,  bank-notes,  and  obligations,  and  in  general  of  all 


80  EXTRADITION. 

things  bcinjx  titlosor  instnimeiits  of  credit,  the  couuterfeitiug  of  seals,  dies, 
stamps,  and  marks  of  state  and  public  admiuistration,  and  the  utterance 
thereof. 

7.  The  embezzlement  of  public  moneys,  committed  within  the  jurisdiction 
of  either  party,  by  public  oflicers  or  depositors. 

8.  Embezzlement,  by  any  person  or  persons,  hired  or  salaried,  to  the 
detriment  of  their  employers,  when  these  crimes  are  subject  to  infamous 
punishment. 

Article  3rd. 

The  provisions  of  this  treaty  shall  not  apply  to  any  crime  or  offence  of  a 
political  character ;  and  the  person  or  persons  delivered  up  for  the  crimes 
enumerated  in  the  preceding  article  shall  in  no  case  be  tried  for  any  ordi- 
nary crime  committed  previously  to  that  for  which  his  or  their  surrender 
is  asked. 

Article  4th. 

If  the  person  whose  surrender  may  he  claimed,  pursuant  to  the  stipula- 
tions of  the  i^resent  treaty,  shall  have  been  arrested  for  the  commission  of 
offences  in  the  country  where  he  has  sought  an  asylum,*  shall  have  been 
convicted  therefor,  his  extraditiou  may  be  deferred  until  he  shall  have  been 
acquitted  or  have  served  the  term  of  imprisonment  to  which  he  may  have 
been  sentenced. 

Article  5th. 

In  no  case  and  for  no  motive  shall  the  high  contracting  parties  be  obliged 
to  deliver  up  their  own  subjects.  If,  in  conformity  with  the  laws  in  force 
in  the  State  to  which  the  accused  belongs,  he  ought  to  be  submitted  to  crim- 
inal procedure  for  crimes  committed  in  the  other  state,  the  latter  must  com- 
municate the  information  and  documents,  send  the  implements  or  tools 
which  were  employed  to  perpetrate  the  crime,  and  procure  every  other 
explanation  or  evidence  necessary  to  prosecute  the  case. 

Article  6th, 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be  made -by 
the  respective  diplomatic  agents  of  the  contracting  parties,  or  in  the  event 
of  the  absence  of  these  from  the  country,  or  its  seat  of  government,  they 
ihay  be  made  by  superior  consular  officers.  If  the  person  whoso  extradition 
may  be  asked  for  shall  have  been  convicted  of  a  crime,  a  copy  of  the  sen- 
tence of  the  court  in  which  he  may  have  been  convicted,  authenticated 
under  its  seal,  and  an  attestation  of  the  official  c[h]aracter  of  the  judge  by 
the  proper  executive  authority,  and  of  the  latter  by  the  minister  or  consul 
of  the  Unite'!  .States  or  of  Salvador,  respectively,  shall  accompany  the 
requisition.  When,  however,  the  fugitive  shall  have  been  merely  charged 
with  crime,  a  duly-authenticated  copy  of  the  warrant  for  his  arrest  in  the 


*  In  the  Spanish  text  the  conjunction.  "  O  "  (or)  appears  after  the  word 
"  asilo"  (asylum) ;  the  non-appearance  of  the  corresponding  word  in  the 
English  text  appears  to  be  a  clerical  omission. 


EXTRADITION.  81 

country  where  the  crime  may  have  been  committed,  or  the  depositions  upon 
which  such  warrant  may  have  been  issued,  must  accompany  the  requisition 
aforesaid.  The  President  of  the  United  States  or  the  President  of  Salvador 
may  then  issue  a  warrant  for  the  apprehension  of  the  fugitive,  in  order  that 
he  may  be  brought  before  the  proper  judicial  authority  for  examination. 
If  it  should  then  be  decided  that,  according  to  law  and  the  evidence,  the 
extradition  is  due,  pursuant  to  the  treaty,  the  fugitive  may  be  given  up  ac- 
cording to  the  forms  prescribed  in  such  cases. 

,^  Article  7th. 

The  expenses  of  the  arrest,  detention,  and  transportation  of  the  persons 
claimed  shall  be  paid  by  the  government  in  whose  name  the  requisition 
shall  have  been  made. 

Article  8th. 

This  convention  shall  continue  in  force  during  (10)  ten  years  from  the  day 
of  exchange  of  ratifications;  but  if  neither  party  shall  have  given  to  the 
other  (6)  six  months'  previous  notice  of  its  intention  to  terminate  the  same, 
the  convention  shall  remain  in  force  ton  years  longer,  and  so  on. 

The  present  convention  shall  be  ratified  and  the  ratifications  exchanged 
at  the  city  of  Washington  within  (12)  twelve  mouths,  and  sooner  if  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate,  and  have  thereunto  affixed  their  seals. 

Done  at  the  city  of  San  Salvador  the  twenty-third  day  of  May,  A.  D.  one 
thousand  eight  hundred  and  seventy,  and  of  the  Independence  of  the  United 
States  the  ninety-fourth. 

[SEAL.]  Alfred  T.  A.  Torbert. 

[seal.]  Grego.  ARBIZtJ. 


SCHAUMBUllG-IilPPE. 

DECLARATION  OF  ACCESSION  TO  TIIK  COXVKXTION  l'X)H  THE  EXTRA- 
DITION OF  CRIMINALS,  FUGITIVE  FROM  JUSTICE,  OF  JUNE  10,  18.VJ,  HE- 
TWEEN  THE  UNITED  STATES  AND  PRUSSIA  AND  OTIIEli  STATES  OF 
THE  GERMANIC  CONFEDERATION,  AND  TO  ADDITIONAL  AKTIfLE 
THERETO  OF  NOVEMBER  10,  1852. 

Dated  June  7,  18.')4  ;  proclaimed  July  20,  18ri4. 
[TraBHlatioD.] 

Whereas  a  treaty  for  tlie  recii)roc!il  extradition  of  fugitive  criininals,  iu 
special  cases,  was  concluded  bf^tweeu  Prussia  and  other  States  of  the*  (ior- 
nianic  Confederation  on  the  one  baud,  and  tbe  United  Statenof  North  Amer- 
ica on  tlui  other,  under  (bite  of  .June  KJtb,  IB.VJ,  at  Wasliington,  by  tbo 
PlenipotentiarioH  of  Ww.  rontrai  ting  ])artii'H,  and  bas  bl•(^n  ratilird  l)y  tbo 
contracting  Governinents;  and  wbereas,  in  flie  second  article  of  tlm  sanio, 
Iho  United  States  of  North  Aincrica  havr  (lecl.irrd  tliat  tln-y  !i;:n'<'  tli.nt  tiie 
stipulations  of  the  aforeiaid  treaty  shall  be  api'li'-.-itili   1<>  .iny  oiliir  Slate  of 

S.  Ex.  5.J (j 


82  EXTRADITION. 

the  Germanic  Confederation  which  shall  have  suhsequeiitly  declared  its 
accession  to  the  treaty  :  Now,  therefore,  in  accordance  therewith,  the  Gov- 
ernment of  his  Serene  Highness  the  Reigning  Prince  of  Schaunibnrg-Lippe, 
hereby  declares  its  accession  to  the  afores.iid  treaty  of  June  16th,  1852,  which 
is,  word  for  word,  as  follows: 

[The  original  declaration  here  includes  a  copy  in  German  and  English  of 
the  treaty  of  June  16, 1852,  and  of  the  additional  article  thereto  of  November 
16,  1852.] 

and  hereby  expressly  gives  assurance  that  each  and  every  article  and  stip- 
ulation of  this  treaty  shall  be  faithfully  obsef^•ed  and  enforced  within  the 
territory  of  the  Principality  of  Schaumburg-Lippe. 

In  testimony  whereof,  the  Government  of  the  Prince,  in  the  name  of  His 
Serene  Highness  the  Reigning  Prince  of  Schaumburg-Lippe.  has  executed 
the  present  declaration  of  accession,  and  caused  the  seal  of  the  Government 
to  be  thereunto  affixed. 

Done  at  Buckeburg,  the  seventh  day  of  June,  one  thousand  eight  hun- 
dred and  fifty-four. 

The  Government  of  the  Prince  of  Schaumburg-Lippe. 

V.  Sauer. 

[seal.]  Werner. 


SPAIN. 


Concluded  January  5, 1877  ;  Ratifications  exclianged  at  Washington  February  21, 
1877  ;  proclaimed  February  21,  1877. 

The  United  States  of  America  and  His  Majesty  the  King  of  Spain  having 
judged  it  expedient,  with  a  view  to  the  better  administration  of  justice 
and  the  prevention  of  crime  within  their  respective  territories  and  jurisdic- 
tions, that  persons  charged  with  or  convicted  of  the  crimes  hereinafter 
enumerated,  and  being  fugitives  from  justice,  should,  under  certain  cir- 
cumstances, be  reciprocally  delivered  up,  have  resolved  to  conclude  a  Con- 
vention for  that  purpose,  and  have  appointed,  as  their  Plenipotentiaries, 
the  President  of  the  United  States,  Caleb  Gushing,  the  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  of  the  United  States  near  the  Govern- 
ment of  Spain;  and  His  Majesty  the  King  of  Spain,  His  Excellency  Don 
Fernando  Calderon  y  Collantes,  his  Minister  of  State,  Knight  Grand  Cross 
of  the  Royal  and  distinguished  Order  of  Ciirlos  Tercero,  of  those  of  Leo- 
pold of  Austria  and  of  Belgium,  of  that  of  our  Lord  Jesus  Christ  of  Portu- 
gal, of  the  Savior  of  Greece,  of  the  Holy  Sepulchre,  and  of  the  Nishan 
Iftijar  of  Tunis  ;  who,  after  having  communicated  to  each  other  their  re- 
spective full  powers,  found  in  good  and  due  form,  have  agreed  upon  and 
concluded  the  following  articles : 

Article  I. 

It  is  agreed  that  the  Government  of  the  United  States  and  the  Govern- 
ment of  Spain  shall,  upon  mutual  requisition  duly  made  as  herein  provided, 
deliver  up  to  justice  all  persons  who  maybe  charged  with,  or  who  have 


EXTRADITION.  8.') 

■been  convicted  of,  any  of  the  crimes  specified  in  Article  II.  of  tli  is  Conven- 
tion, committed  within  the  jurisdiction  of  one  of  the  contracting  parlies, 
•while  said  persons  were  actually  within  such  jurisdiction  when  the  crime 
was  committed,  and  who  shall  seek  an  asylum  or  shall  be  found  witliin  the 
territories  of  the  other  ;  provided  that  such  surrender  shall  take  place  only 
upon  such  evidence  of  criminality  as,  according  to  the  laws  of  the  place 
where  the  fugitive  or  person  so  charged  shall  be  found,  would  justify  his 
apprehension  and  commitment  for  trial  if  the  crime  or  ofl'ence  had  been 
there  committed. 

Article  II. 

Persons  shall  be  delivered  up,  according  to  the  provisions  of  this  Conven- 
tion, who  shall  have  been  charged  with,  or  convicted  of,  any  of  the  follow- 
ing crimes: 

1.  Murder,  comprehending  the  crimes  designated  by  the  terms  of  parri- 
cide, assassination,  jtoisoning  or  infanticide. 

2.  The  attempt  to  commit  murder. 

3.  Rape. 

4.  Arson. 

5.  Piracy  or  mutiny  on  board  ship  when  the  crew  or  other  persons  on 
board,  or  part  thereof,  have,  by  fraud  or  violence  against  the  commander, 
taken  possession  of  the  vessel. 

6.  Burglary,  defined  to  be  the  act  of  breaking  and  entering  into  the 
house  of  another  in  the  night  time  with  intent  to  commit  a  felony  therein. 

7.  The  act  of  breaking  and  entering  the  offices  of  the  Government  and 
public  authorities,  or  the  o9ices  of  banks,  banking-houses,  saving-banks, 
trust  companies,  insurance  companies,  with  intent  to  commit  a  felony 
therein. 

8.  Robbery,  defined  to  be  the  felonious  and  forcible  taking  from  the  per- 
son of  another,  goods  or  money  by  violence  or  by  putting  him  in  fear. 

9.  Forgery,  or  the  utterance  of  forged  papers. 

10.  The  forgery  or  falsification  of  the  official  act  of  the  Government  or 
public  authority,  including  courts  of  justice,  or  the  uttering  or  fraudulent 
use  of  any  of  tlie  same. 

11.  The  fabrication  of  counterfeit  money,  whcthercoiii  or  iia])(>r,  counter- 
feit titles  or  coupoos  of  public  debt,  bank-notes  or  ytlier  inslrumouts  of 
public  credit;  of  counterfeit  seals,  stamps,  dies  and  marks  of  state  or  pub- 
lic administrations;  and  tlie  utlerance,  circulation  or  fraudulent  mho  of 
any  of  the  above-mentioned  objects. 

12.  Tlie  embezzlement  of  public  funds,  commitled  within  the  jurisdiction 
of  one  <»r  the  other  party,  by  public  officers  or  depositaries. 

13.  EmbezzleuKmt  by  any  person  or  persons,  hired  or  salaried,  to  the 
detriment  of  tlifir  ejuployi.Ts,  when  tiiese  crimes  are  subject  to  iiifinnous 
punishment. 

14.  Kiiln:ip|)ing,  dclincd  to  bo  tln'  dcti-ut  ion  of  .a  jn-rson  or  luisuns  in 
order  lo  exact  nn»iioy  I'rom  them  or  for  any  other  unlawful  end. 

Anrici.r,  111. 

The  prnvisioiiH  <>f  this  Convention  shall  nf)t  import  claim  of  i-xtr.idition 
for  any  crime  or  offence  of  a  pidilical  character,  nor  for  acts  connected  with 


84  .  EXTRADITION. 

Bucli  crimes  or  offences;  and  no  person  surrendered  by  or  to  either  of  the 
coutrauting  parties  in  virtue  of  this  Convention,  shall  be  tried  or  punished 
for  any  political  crime  or  offence,  nor  for  any  act  connected  therewith,  com- 
mitted previously  to  the  extradition. 

Article  IV. 

No  person  shall  be  subject  to  extradition  in  virtue  of  this  Convention  for 
any  crime  or  offence  committed  previous  to  the  exchange  of  the  ratifications 
hereof;  and  no  person  shall  be  tried  for  any  crime  or  offence  other  than 
that  for  which  he  was  surrendered,  unless  such  crime  be  one  of  those 
enumerated  in  Article  II.,  and  shall  have  been  committed  subsequent  to 
the  exchange  of  the  ratifications  hereof. 

Article  V 

A  fugitive  criminal  shall  not  be  surrendered  under  the  provisions  hereof 
■wheu,  from  lapse  of  time  or  other  lawful  cause,  according  to  the  laws  of  the 
place  within  the  jurisdiction  of  which  the  crime  was  committed,  the  crim- 
inal is  exempt  from  prosecution  or  punishment  for  the  offence  for  which  the 
surrender  is  asked. 

Article  VI. 

If  a  fugitive  criminal,  whose  surrender  maybe  claimed  pursuant  to  the 
stipulations  hereof,  be  actually  under  prosecution,  out  on  bail  or  in  custody, 
for  a  crime  or  offence  committed  in  the  country  where  he  has  sought  asylum, 
or  shall  have  been  convicted  thereof,  his  extradition  may  be  deferred  until 
such  proceedings  be  determined  and  until  such  criminal  shall  have  been  set 
at  liberty  in  due  course  of  law. 

Article  VII. 

If  a  fugitive  criminal,  claimed  by  one  of  the  parties  hereto  shall  be  also 
claimed  by  one  or  more  powers  jiursuant  to  treaty  provisions  on  account  of 
crimes  committed  within  their  jurisdiction,  such  criminal  shall  be  deliv- 
ered, in  preference,  in  accordance  with  that  demand  which  is  the  earliest 
in  date. 

Article  VIII. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its  own 
citizens  or  subjects  under  the  stipulations  of  this  Convention. 

Article  IX. 

The  expenses  of  the  arrest,  detention,  examination  and  transportation  of 
the  accused  shall  be  paid  by  the  Government  which  has  preferred  the  de- 
mand for  extradition. 


EXTRADITION.  .  85 

Article  X. 

Everything  found  in  the  possession  of  the  fugitive  criminal  at  the  time  of 
his  arrest,  which  may  be  material  as  evidence  in  making  i^roof  of  the  crime, 
shall,  so  far  as  practicable,  be  delivered  up  with  his  person  at  the  time  of 
the  surrender.  Nevertheless,  the  rights  of  a  third  party,  with  regard  to 
the  articles  aforesaid,  shall  be  duly  respected. 

Article  XI. 

The  stipulations  of  this  Convention  shall  be  applicable  to  all  foreign  or 
colonial  possessions  of  either  of  the  two  contracting  parties. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  bo  made  by 
the  respective  diplomatic  agents  of  the  contracting  parties.  In  the  event 
of  the  absence  of  such  agents  from  the  country  or  its  seat  of  Government, 
or  where  extradition  is  sought  from  a  colonial  possession  of  one  of  the  con- 
tracting parties,  requisition  may  be  made  by  superior  consular  officers. 

It  shall  be  competent  for  such  representatives  or  such  superior  consular 
officers  to  ask  and  obtain  a  mandate  or  preliminary  warrant  of  arrest  for  the 
person  whose  surrender  is  sought,  whereupon  the  judg«s  and  magistratea 
of  the  two  Governments  shall,  respectively,  have  power  and  authority, 
uj)on  complaint  made  under  oath,  to  issue  a  warrant  for  the  apprehension 
of  the  person  charged,  in  order  that  he  or  she  may  be  brought  before  such 
judge  or  magistrate,  that  the  evidence  of  criminality  may  be  heard  and 
considered ;  and  if,  on  such  hearing,  the  evidence  bo  deemed  suflicient  to 
sustain  the  charge,  it  shall  be  the  duty  of  the  examining  judge  or  magis- 
trate to  certify  the  same  to  the  x'roper  executive  authority,  that  a  warrant 
may  issue  for  the  surrender  of  the  fugitive. 

If  the  fugitive  criminal  shall  have  been  convicted  of  the  crime  for  wiiich 
his  surrender  is  asked,  a  copy  of  the  sentence  of  the  court  before  which  such 
conviction  took  place,  duly  authenticated,  shall  be  ])roduced.  If,  however, 
the  fugitive  is  merely  charged  with  crime,  a  duly  authenticated  copy  of 
the  warrant  of  arrest  in  the  country  where  the  crime  was  committed,  and  of 
the  depositions  upon  which  such  warrant  uuiy  have  been  issued,  shall  be 
produced,  with  such  other  evidence  or  proof  as  may  be  deemed  competent 
in  the  ca^e. 

Article  XII. 

This  Convention  shall  continue  in  force  from  the  day  of  the  exchange  of 
the  ratifications  thereof,  but  either  party  nuiy  at  any  time  terminate  the 
same  on  giving  to  the  other  six  mouths'  notice  of  its  inlontion  so  to  do. 

In  tesliniony  whereof,  the  rospeetivti  Pieuipotttntiaries  have  signed  the 
present  Convention  in  triplicate,  and  Iiave  hereunto  afllxod  their  seals. 

Done  at  the  city  of  Madrid,  in  trijilic'itc,  Englinh  and  .SpanJKli,  this  fifth 
day  of  January,  in  the  year  of  onr  Lord  one  tliousand  eight  liunilred  ;unl 
seventy-seven. 

[SKAL.]  CaLI-U   (,'rsilING. 

[seal.]  FERNDO.    CaLDKRON    V   COLLANTES 


86  EXTRADITION. 

COXVEI^'TION  FOR  THE  EXTRADITION  OF  CRIMINALS  FUGITIVE  FROM 
JUSTICE,  EEINGr  SUPPLEMENTAL  TO  THE  CONVENTION  OF  JANUARY  5, 
1877. 

Concluded  August  7,  1882 ;  Ratifications  exchanged  at  Washington  April  19, 
1883 ;  proclaimed  April  19,  1883. 

The  President  of  the  United  States  of  America  and  His  Majesty  the  King 
of  Spain,  being  satisfied  of  the  propriety  of  adding  some  articles  to  the  ex- 
tradition convention  conclnded  between  the  United  Statesand  Spain  on  the 
5th  day  of  January,  1877,  with  a  view  to  the  better  administration  of  justice 
and  the  prevention  of  crime  within  their  respective  territories  and  jurisdic- 
tions, have  resolved  to  conclude  a  supplementary  convention  for  that  pur- 
pose, and  have  apjjointed  as  their  pleuiiioteutiaries  : 

The  President  of  the  United  States,  Frederick  T,  Freliughuysen,  Esquire, 
Secretary  of  State  of  the  United  States ;  and  His  Majesty  the  King  of  Spain, 
His  Excellency  Don  Francisco  Barca,  Knight  Grand  Cross  of  the  Koyal 
American  Order  of  Isabel  la  Catdlica,  His  Majesty's  Envoy  Extraordinary 
and  Minister  Plenipotentiary  near  the  Government  of  the  United  States; 

Who,  after  having  reciprocally  exhibited  their  full  powers,  found  in  good 
and  due  form,  have  agreed  upon  and  concluded  the  following  articles : 

Article  I. 

Paragraph  5  of  Article  II.  of  the  aforesaid  Convention  of  January  5, 1877, 
is  abrogated,  and  the  following  substituted: 
5.  Crimes  committed  at  sea : 

(a)  Piracy  as  commonly  known  and  defined  by  the  law  of  nations. 

(b)  Destruction  or  loss  of  a  vessel  caused  intentionally,  or  conspiracy  and 
attempt  to  bring  about  such  destruction  or  loss,  when  committed  by  any 
person  or  persons  on  board  of  said  vessel,  on  the  high  seas. 

(c)  Mutiny  or  conspiracy  by  two  or  more  members  of  the  crew  or  other 
persons  on  board  of  a  vessel  on  the  high  seas,  for  the  piirpose  of  rebelling 
against  the  authority  of  the  captain  or  commander  of  such  vessel,  or  by 
fraud  or  violence  taking  possession  of  such  vessel. 

Paragraph  12  of  said  Article  II.  is  amended  to  read  as  follows : 

12.  The  embezzlement  or  criminal  malversation  of  public  funds  commit- 
ted within  the  jurisdiction  of  one  or  the  other  party,  by  public  officers  or 
depositaries. 

Paragraph  13  of  said  Article  II.  is  likewise  modified  to  read  as  follows: 

13.  Embezzlement  by  any  person  or  persons  hired,  salaried  or  employed, 
to  the  detriment  of  their  employers  or  ijrincipals,  when  the  crime  or  offense 
is  punishable  by  imprisonment  or  other  corporal  punishment  by  the  laws 
of  both  countries. 

Paragraijh  14  of  said  Article  II.  is  likewise  modified  to  read  as  follows : 

14.  Kidnapi)ing  of  minors  or  adults,  defined  to  be  the  abduction  or  deten- 
tion of  a  person  or  persous,  in  order  to  exact  money  from  them  or  from 
their  families,  or  for  any  other  unlawful  end. 

Article  II. 

In  continuation  of  and  as  forming  part  of  Article  II.  of  the  aforesaid 
Convention  of  January  5,  1877,  shall  be  added  the  following  paragraphs : 


EXTRADITION.  87 

15.  Obtaining  b..'  threats  of  injury,  or  false  derices,  money,  valuables  or 
other  personal  proj-erty,  and  the  purchase  of  thesauie  with  the  knowledge 
that  they  have  been  so  obtained,  when  the  crimes  or  oflenses  are  punish- 
able by  imprisonment  or  other  corporal  punishment  by  the  laws  of  both 
countries. 

l(i.  Larceny,  defined  to  be  the  theft  of  eifects,  personal  property,  or 
money,  of  the  value  of  twenty-five  dollars  or  more. 

17.  Slave-trade,  according  to  the  laws  of  each  of  the  two  countries  re- 
spectively,    y 

18.  Complicity  in  any  of  the  crimes  or  offenses  enumerated  in  the  Con- 
vention of  January  5,  1877,  as  well  as  in  these  additional  articles,  provided 
that  the  persons  charged  with  such  complicity  be  subject  as  accessories  to 
imprisonment  or  other  corporal  punishment  by  the  laws  of  both  countries. 

Article  III. 

After  Article  XI.  of  the  aforesaid  Convention  of  January  5,  1877,  shall  be 
inserted  the  two  following  articles: 

Article  XII. 

If,  when  a  person  accused  shall  have  been  arrested  in  virtm-  of  the  man- 
date or  preliminary  warrants  of  arrest,  issued  bj-  the  competent  authority 
as  i)rovided  in  Article  XI,  hereof,  and  been  brought  before  a  judge  or  mag- 
istrate to  the  end  of  the  evidence  of  his  or  her  guilt  being  heard  and 
examined  as  hereinbefore  provided,  it  shall  appear  that  the  mandate  or 
preliminary  warrant  of  arrest  has  been  issued  in  pursuance  of  a  request 
or  declaration  received  by  telegraph  from  the  government  asking  for  the 
extradition,  it  shall  be  competent  for  the  judge  or  magistrate  at  his  dis- 
cretion to  hold  the  accused  for  a  period  not  exceeding  twenty-live  days,  so 
that  the  demanding  government  may  have  opportunity  to  lay  before  such 
judge  or  magistrate  legal  evidence  of  the  guilt  of  the  accused;  and  if,  at 
the  expiration  of  said  i>eriod  of  twenty-lKo  days,  such  legal  evidence  .shall 
•  not  have  been  produced  before  such  judge  or  magistrate,  the  person  ar- 
rested shall  bo  released  ;  provided  that  the  examination  of  the  charges  pre- 
ferred against  such  accused  person  shall  not  be  actually  going  on. 

Article  XIII. 

In  every  case  of  a  request  made  by  either  of  the  two  contracting  p.irtios 
for  the  arrest,  detention  or  extradition  of  fugitive  criminals  in  pursuance 
of  the  convention  of  January  5,  1877, and  of  these  additional  articles,  the 
legal  ollicers  or  liscal  ujinistry  of  the  country  where  the  juoceedings  of  ex- 
tradition are  had,  shall  assist  the  oflQcers  of  tho  government  <lenianding 
the  extradition,  before  the  respective  judges  and  magistrates,  by  every 
legal  means  within  their  or  its  power;  and  no  claim  whattn'er  for  compen- 
sation for  any  of  I  he  services  so  rendered  shall  be  made  against  the  govern- 
meut  demanding  tho  extradition;  ])rovided  however  that  nnyolllceror 
officers  of  the  surrendering  govcrnnKMit,  so  giving  ftHHistauce,  wlio  shall,  in 
the  usual  course  of  their  duty,  receive  no  salary  or  conipiMiHation  other  tliiin 
Bpecific  fees  for  berrices  performed,  shall  bo  entitled  to  receive  from  the 


88  EXTRADITION, 

government  demanding  ths  extradition  the  customary  fees  for  thi^  acts  or 
services  performed  by  them,  in  the  same  manner  and  to  the  same  amount 
as  though  such  acts  or  services  liad  been  performed  in  ordinary  criminal 
proceedings  under  the  laws  of  the  country  of  which  they  are  officers. 

Article  IV. 

All  the  provLsions  of  the  aforesaid  convention  of  the  5th  of  January,  1877, 
not  abrogated  by  these  additional  articles,  shall  apjily  to  these  articles  with 
the  same  force  as  to  the  said  original  Convention.  y 

This  additional  Convention  shall  be  ratified  and  the  ratifications  ex- 
changed at  Washington  as  soon  as  may  be  practicable ;  and  upon  the  ex- 
change of  ratifications  it  shall  have  immediate  effect,  and  form  a  part  <>f 
the  aforesaid  Convention  of  January  5,  1877,  and  continue  and  be  termina- 
ble in  like  manner  therewith. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed  thn 
present  additional  Convention  in  duplicate,  in  the  English  and  Spanish 
languages,  and  have  hereunto  affixed  their  seals. 

Done  at  the  city  of  Washington  this  7th  day  of  August  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  eighty-two. 

[seal.]  Fredk.  T.  Frelinghuysen. 

[SEAL.]  Franco  Barca. 


SWEDEIS^  AI!^r>  NORWAY. 

Concluded  March  21,  1860 ;  Raiificalions  exchanged  at  Washington  December 
20,  I860;  liroclaimed  December  21,  1860. 

Whereas,  it  is  found  expedient,  for  the  better  administration  of  justice 
ami  the  prevention  of  crime  within  the  territories  and  jurisdiction  of  the 
parties  respectively,  that  person^  committing  certain  crimes,  being  fugi- 
tives from  justice,  should,  under  certain  circumstances,  be  reciprocally  de- 
livered up;  and  also  to  enumerate  such  crimes  explicitly:  The  United 
States  of  America  on  the  one  part,  and  His  Majesty  the  King  of  Sweden 
and  Norway  on  the  other  part,  having  resolved  to  treat  on  this  subject, 
have  for  that  purpose  appointed  their  respective  Plenipotentiaries  to  nego- 
tiate and  conclude  a  convention,  that  is  to  say  : 

The  President  of  the  United  States  of  America,  Lewis  Cass,  Secretary  of 
State  of  the  United  States,  and  His  Majesty  the  King  of  Sweden  and  Nor- 
way, Baron  Nicholas  William  de  Wetterstedt,  Knight  of  the  Orders  of  the 
Polar  Star  and  of  St.  Olaff,  Commander  of  the  Order  of  Dannebrog  of  Den- 
mark, his  said  Majesty's  Minister  Resident  near  the  Government  of  the 
United  States ; 

Who,  after  reciprocal  communication  of  their  respective  powers,  have 
agreed  to  and  signed  the  following  articles : 

Article  I. 

It  is  agreed  that  the  high  contracting  parties  shall,  upon  mutual  requisi- 
tions by  them,  their  Diplomatic   or  Consular  Agents,  respectively  made. 


EXTRADITION.  89 

deliver  up  to  justice  all  persons  who,  being  charged  with  or  condemned  for 
any  of  the  crimes  enumerated  in  the  following  article,  committed  within 
the  jurisdiction  of  either  party,  shall  seek  an  asylum  or  shall  bo  found 
within  the  territories  of  the  other  :  Provided,  that  this  surrender  and  de- 
livery shall  not  be  obligatory  on  either  of  the  high  contracting  parties  ex- 
cept upon  presentation  by  the  other,  in  original  or  in  verified  copy,  of  the 
judicial  declaration  or  sentence  establishing  the  culpability  of  the  fugitive, 
and  issued  by  the  proper  authority  of  the  Government  who  claims  the 
Burrendtr,  in  case  such  sentence  or  declaration  shall  have  been  pronounced  ; 
said  document  to  be  drawn  up  and  certified  according  to  the  forms  pre- 
scribed by  the  laws  of  the  country  making  the  demand.  But  if  such  sen- 
tence or  declaration  shall  not  have  been  pronounced,  then  the  surrender 
may  be  demanded,  and  shall  be  made,  when  the  demanding  party  shall 
have  furnished  such  proof  of  culpability  as  would  have  been  sufficient  to 
justify  the  appn  hension  and  commitment  for  trial  of  the  accused  if  the 
oflfence  had  been  committed  in  the  country  where  be  shall  have  taken 
refuge. 

Article  II. 

Persons  shall  be  so  delivered  up  who  shall  have  been  charged  with  or 
sentenced  for  any  of  the  folfowing  crimes,  to  wit:  Murder,  (including 
assassination,  parricide,  infanticide,  and  poisoning,)  or  attempt  to  commit 
murder;  rape;  piracy,  (including  mutiny  on  board  a  ship,  whenever  the 
crew  or  part  thereof,  by  fraud  or  violence  against  the  commander,  have 
taken  possession  of  the  vessel;)  arson;  robbery  and  burglary;  forgery, 
and  the  fabrication  or  circulation  of  counterfeit  money,  whether  coin  or 
paper  money  ;  embezzlement  by  public  officers,  including  appropriation  of 
I)ublic  funds. 

Articl?:  III. 

The  expenses  of  any  detention  and  delivery,  effected  in  virtue  of  (ho  jjto- 
ceding  provisions,  shall  be  borne  and  defrayed  by  the  j)arty  who  makes  the 
requisition  and  receives  the  fugitive. 

Articlk  IV. 

NrithfT  of  the  contracting  i)arfies  shiill  be  bound  to  deliver  uj),  under 
the  stipulalions  of  this  convention,  any  person  who,  according  to  the  laws 
of  the  country  where  he  shall  bo  found,  is  a  citizen  or  a  subject  of  tbosamo 
at  the  time  his  surrender  is  demanded. 

Article  V. 

The  provisions  of  the  present  convention  hliall  not  bo  applied  to  any 
crime  or  offence  of  a  political  character. 

Ar.TICLK  VI. 

Whenever  any  person,  accn.srd  uf  any  <if  the  crimes  enumerated  in  (liiu 
convonfion,  shall  have  committed  a  new  crime  in  the  territories  of  Mie .State 
■where  he  has  sought  an  asylum  or  shall  be  found,  sucli  person  shall  not  bo 


90  EXTRADITION. 

delivered  np  under  the  stipulations  of  this  convention  until  he  shall  have 
been  tried,  and  shall  have  received  the  punishment  due  to  such  new  crime, 
or  shall  have  been  acquitted  thereof. 

Article  VII. 

This  convention  shall  not  take  effect  until  ten  days  after  its  publication, 
made  according  to  the  laws  of  the  respective  Governments. 

It  shall  remain  in  force  until  the  eud  of  six  mouths  after  either  of  the 
high  contracting  parties  shall  ha^e  given  notice  to  the  other  of  its  inten- 
tion to  terminate  the  same. 

It  shall  be  ratified  by  the  President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  the  Senate  thereof,  and  by  His  Majesty  the  King  of 
Sweden  and  Norway,  and  the  ratifications  shall  be  exchanged  within  ten 
nionths  from  the  date  of  its  signature,  or  earlier  if  possible. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  this  con- 
vention, and  have  hereunto  affixed  their  seals. 

Done  in  duplicate,  at  Washington,  the  twenty-first  day  of  March,  one 
thousand  eight  hundred  and  sixty,  and  the  eighty-fourth  year  of  the  Inde- 
pendence of  the  United  States. 

[seal.]  Lew.  Cass. 

[seal.  ]  1  '  N.  W.  DE  Wetterstedt. 


SWITZERLAND. 

Concluded  November  25, 1850  ;  Ratifications  exchanged  at  Washington  November 
8, 1855 ;  iwoclaimed  November  9, 1855. 

Article  XIII. 

The  United  States  of  j^merica  and  the  Swiss  Confederation,  on  requisi- 
tions made  in  their  name  through  the  medium  of  their  respective  Diplo- 
matic or  Consular  Agents,  shall  deliver  up  to  justice  persons  who,  beiag 
charged  with  the  crimes  enumerated  in  the  following  article,  committed 
within  the  jurisdiction  of  the  requiring  party,  shall  seek  asylum  or  shall  be 
found  within  the  territories  of  the  other:  Provided,  That  this  shall  be  done 
only  when  the  fact  of  the  commission  of  the  crime  shall  be  so  established 
as  to  justify  their  apprehension  and  commitment  for  trial  if  the  crime  had 
been  committed  in  the  country  where  the  persons  so  accused  shall  be  found. 

Article  XIV. 

Persons  shall  be  delivered  up,  according  to  the  provisions  of  this  conven- 
tion, who  shall  be  charged  with  any  of  the  following  crimes,  to  wit  : 

Murder,  (iucludiug  assassination,  parricide,  infanticide,  and  poisoning;) 
attempt  to  commit  murder;  rape;  forgery,  or  the  emission  of  forged  papers; 
arson;  robl^ry  with  violence,  intimidation,  or  forcible  entry  of  an  inhab- 
ited house ;  piracy  ;  embezzlement  by  public  officers,  or  by  persons  hired  or 
salaried  to  the  detriment  of  their  employers,  when  these  crimes  are  subject 
to  iuf anions  punishment. 


EXTRADITION.  91 

Article  XV. 

On  the  part  of  tbe  United  States,  the  siirrencler  shall  be  made  only  by  the 
authority  of  the  Executive  thereof;  and  on  the  part  of  the  Swiss  Coufed- 
eration,  by  that  of  the  Federal  Council. 

Article  XVI. 

The  expenses  of  detention  and  delivery,  effected  in  virtue  of  the  preced- 
ing articles,  shall  be  at  the  cost  of  the  party  making  the  demand. 

'  Article  XVII. 

The  provisions  of  the^foregoiug  articles  relating  to  the  surrender  of  fugi- 
tive criminals  shall  not  apj)ly  to  otiences  committed  before  the  date  hereof, 
nor  to  those  of  a  political  character. 


TWO  SICIIilES.* 

Concluded  October  1, 1855 ;  Bailficaiions  exchanged  at  Naples  November  7, 185fi ; 

2)roclaiincd  December  10,  1856. 

Article  XXI. 

It  is  agreed  that  every  person  who,  being  charged  with  or  condemned  for 
any  of  the  crimes  enumerated  in  the  following  article,  committed  within  the 
Stat<!s  of  one  the  high  contracting  parties,  shall  seek  asylum  in  the  States, 
or  on  board  the  vessels  of  war  of  the  other  party,  shall  be  arrested  and 
consigned  to  justice  on  demand  made,  through  the  i)ropor  dijilomatic  chan- 
nel, by  the  Goveiiiimiit  within  whoso  territory  the  olVcnce  shall  havo  been 
com  mil  ted. 

This  surrender  and  delivery  shall  not,  however,  bo  obligatory  on  either 
of  the  liigh  coutiacting  parties  until  the  other  shall  havo  i)rescntc'd  a  copy 
of  the  judicial  declaration  or  sentence  es1al)lishiug  the  culpability  of  the 
fugitive,  in  case  such  sentence  or  declaration  shall  have  been  pronounced, 
Uut  if  such  Henttiice  or  declaration  shall  not  have  been  pronounced,  then 
the  (surrender  may  be  demanded,  and  shall  bo  made,  when  the  demanding 
Government  shall  have  furnished  such  proof  as  would  have  been  Hudicieut 
to  justify  the  ai)prehfnsion,  ami  commitmeut  for  trial,  of  the  a<'cused,  if 
the  offence  had  been  committed  in  the  couutrv  wIhtiIh)  shall  hav('  taken 
refuge. 

Article  XXII. 

Persons  shall  ]»',  delivered  up,  according  to  the  provisiouH  of  this  treaty, 
who  shall  be  charged  with  any  of  the  following  crimes,  to  wit  : 

Murder,  (including  aHsassination,  i«arrici(h',  infanticide,  and  jioisouing  ;) 
atteinpttocominit  murder;  rape;  piracy;  arw.n  ;  tlieniaking  and  uttering 
of  false  money,  forgery,  inclu<ling  forgery  of  evidences  of  public  debt, 

*  Obsolete  ;  place  taken  by  treaty  wilb  Italy. 


92  EXTRADITION. 

bank-bills,  and  bills  of.eschange  ;  robbery  witb  violence  ;  intimidation  or 
forcible  entry  of  au  inhabited  house  ;  embezzlement  by  public  officers,  in- 
cluding apiiropriation  of  public  funds  ;  when  these  crimes  are  subject,  by 
the  code  of  the  Kingdom  of  the  Two  Sicilies  to  the  ininishment  delta  reclu- 
sione,  or  other  severer  punishment,  and  by  the  laws  of  the  United  States  to 
infamous  punishment. 

Article  XXIII. 

On  the  part  of  each  country,  the  surrender  of  fugitives  from  justice  shall 
be  made  only  by  the  authority  of  the  Executive  thereof.  And  all  expenses 
whatever  of  detention  and  delivery,  effected  in' virtue  of  the  preceding 
articles,  shall  be  at  the  cost  of  the  party  making  the  demand. 

Article  XXIV. 

The  citizens  and  subjects  of  each  of  the  high  contracting  parties  shall 
remain  exempt  from  the  etipulations  of  the  preceding  articles,  so  far  as 
tbey  relate  to  the  surrender  of  fugitive  criminals;  nor  shall  they  apply  to 
otfences  committed  before  the  date  of  the  present  treaty,  nor  to  offences  of 
a  political  character,  unless  the  political  offender  shall  also  have  been 
guilty  of  some  one  of  the  crimes  enumerated  in  Article  XXII. 


VENEZUELA.* 

Concluded  August  27, 1S60 ;  Eatifications  exchanged  at  Caracas  August  9, 1861 ; 

proclaimed  September  25,  1861. 

Article  XXVII. 

The  United  States  of  America  and  the  Republic  of  Venezuela,  on  requi- 
sitions made  in  their  name  through  the  medium  of  their  respective 
Diplomatic  and  Consular  Agents,  shall  deliver  up  to  justice  persons  who, 
being  charged  with  the  crimes  enumerated  in  the  following  article,  com- 
mitted within  the  jurisdiction  of  the  reriuiriug  party,  shall  seek  asylum  or 
shall  be  found  within  the  territories  of  the  other :  Provided,  That  this 
shall  be  done  only  when  the  fact  of  the  commission  of  the  crime  shall  be 
80  established  as  to  justify  their  apprehension  and  commitment  for  trial, 
if  the  crime  had  been  committed  in  the  country  where  the  persons  so  ac- 
cused shall  be  found ;  in  all  of  which  the  tribunals  of  said  country  shall 
proceed  and  decide  according  to  their  own  laws. 

Article  XXVIII. 

Persons  shall  be  delivered  up,  according  to  the  provisions  of  this  conven- 
tion, who  shall  be  charged  with  any  of  the  following  crimes,  to  wit:  mur- 
der, (including  assassination,  parricide,  infanticide,  and  poisoning ;)  at- 
tempt to  commit  murder;  rape;  forgery;  the  counterfeiting  of  money; 

*  Terminated  October  22,  1870. 


EXTRADITION.  93 

arson ;  robbery  -wito  vioieace,  iutimidatiou,  or  forcible  entry  of  an  inhab- 
ited house;  piracy;  embezzlement  by  public  officers,  or  by  persons  hired 
or  salaried,  to  the  detriment  of  their  employers,  when  these  crimes  are 
subject  to  infamous  iJuuishment. 

Article  XXIX. 

On  the  part  of  each  country  the  surrender  shall  bo  made  only  by  the  au- 
thority of  the  Executive  thereof.  The  expenses  of  detention  and  delivery, 
effected  in  virtue  of  the  i^recediug  articles,  shall  be  at  the  cost  of  the  party 
making  the  demand. 

Article  XXX. 

The  provisions  of  the  aforegoing  articles  relating  to  the  surrender  of  fu- 
gitive criminals  shall  not  apply  to  offences  committed  before  the  date 
hereof,  nor  to  those  of  apolitical  character. 


WURTTE3I13ERG 

DECLARATION  OF  ACCESSION  TO  THE  CONVENTION  FOR  THE  EXTRADI- 
TION OF  CRIMINALS,  FUGITIVE  FROM  JUSTICE,  OF  JUNE  16,  1852,  BE- 
TWEEN THE  UNITED  STATES  AND  PRUSSIA  AND  OTHER  STATES  OF 
THE  GERMANIC  CONFEDERATION. 

Dated  October  13,  1853  ;  prodaimed  December  27,  1853. 
[Translation.] 

Inasmuch  as  a  convention  for  the  reciprocal  extradition  of  fugitive  crim- 
inals in  certain  cases,  was  concluded  between  Prussia  and  other  States  of 
the  Germanic  Confed  ration  on  the  one  hand,  and  the  United  States  of 
North  America  on  tiio  other,  under  date  of  June  16,  18.VJ,  at  Washington, 
by  the  Plenipotentiaries  of  the  contracting  parties,  and  wasratili()d  by  the 
contracting  Governnujnts  ;  and  wliereas,  in  the  second  article  thereof,  the 
United  States  of  North  America  declare  that  they  agree  that  the  stipula- 
tions of  the  aforesaid  co;ivcntiou  shall  be  applied  to  any  other  State  of  tlio 
Germanic  Conftderation  that  shall  subseiiuintly  declare  its  accession  to  the 
convention,  now  therefore,  in  jmrsuauce  thereof,  the  Government  of  His 
Majesty  the  King  of  WurttonibtMg  declares  its  accession  to  the  aforesaid 
convention  of  June  IGth,  1852,  the  text  of  which  is  word  for  word,  as  fol- 
lows: [The  original  dfclaration  here  includes  a  copy,  in  German  ami  En- 
glish of  the  convention  of  Juno  Ki,  18.^2]  and  hereby  gives  the  express  aHsiir- 
ance  that  each  and  every  article  and  provision  of  this  convention  shall  bo 
faithfully  observed  and  executed  within  tho  territory  of  tho  Kingdom  of 
Wurttciiil)erg. 

In  testimony  whereof,  the  Royal  Minister  of  Foreign  Affairs  of  WUrttem- 
berg  has,  in  (he  name  of  Ilis  M.ijesty  the  King  of  Wiirttomberg,  executed 


94  EXTRADITION. 

this  certificate  of  accession,  and  caused  tlie  Royal  Official  Seal  to  be  there- 
unto affixed. 
Done  at  Stuttgart,  October  the  13th,  1853. 

[SEAL.]  VON  NEURATH, 

Boyal  Minister  of  Foreign  Affairs  at  WUrttemherg . 


CONVENTION  EELATIVE  TO  NAT  CTR ALIZ ATION  AND  FOR  EXTRADITION 

OF  CRIMINALS. 

Concluded  July  27, 1868 ;  Ratifications  exchanged  at  Stuttgart  August  17, 1869  ; 
exchange  of  ratifications  consented  to  hy  Senate  March  2,  1870 ;  proclaimed 
March  7,  1870. 

Article  III. 

The  convention  for  the  mutual  delivery  of  criminals,  fugitives  from  jus- 
tice, in  certain  cases,  concluded  between  WUrttemberg  and  the  United 
States  the   is  June,  1852.   remalus  in  force  without  change. 

13  October,  1853,  ° 


ANALYSIS  OF  OFFENCES. 

Abduction  by  force. — Peru. 

Abortion. — Belgium,  Luxemburg,  Netherlands, 

Arson. — Austria,  Baden,  Bavaria,  Belgium,  Bremen,  Dominican  Republic, 
Ecuador,  France,  Great  Britain,  Hanover,  Hawaiian  Islands,  Hayti,  Italy, 
Japan,  Luxemburg,  Mecklenburg-Schwerin,  Mecklenburg-Strelitz,  Mex- 
ico, Netherlands,  Nicaragua,  North  German  Union,  Oldenburg,  Orange 
Free  State,  Ottoman  Porte,  Peru,  Prussia,  Saxony,  Hesse,  Hesse  and  by 
Rhine,  Saxe- Weimar-Eisenach,  Saxe-Meiningen,  Saxe-Altenburg,  Saxe- 
Coburg-Gotha,  Brunswick,  Anhalt-Dessau,  Anlialt-Bernburg,  Nassau, 
Schwarzburg-Rudolstadt,  Schwarzburg-Sondershausen,  Waldock,  Reuss 
elder  branch,  Reuss  junior  branch,  Lippe,  Hesse-Homburg,  Frankfort, 
Salvador,  Schaumburg-Lippe,  Spain,  Sweden  and  Norway,  Swiss  Con- 
federation, Two  Sicilies,  Wiirttemberg. 

Assassination. — Belgium,  Dominican  Republic,  Ecuador,  France,  Hayti, 
Italy,  Luxemburg,  Mexico,  Netherlands,  Nicaragua,  Orange  Free  State, 
Ottoman  Porte,  Peru,  Salvador,  Spain,  Sweden  and  Norway,  Swiss  Con- 
federation, Two  Sicilies. 

AssavU  with  intent  to  comviit  murda: — Austria,  Baden,  Bavaria,  Bremen, 
Great  Britain,  Hanover,  Japan,  Mecklenburg-Schwerin,  Mecklenburg- 
Strelitz,  Mexico,  North  German  Union,  Oldenburg,  Prussia  and  other 
states,  Schaumburg-Lippe,  Wiirttemberg. 

Attempt  to  commit  murder. — Belgium,  Dominican  Republic,  Franco,  Hayti, 
Italy,  Liixemliiirg,  NetLerlands,  Orange  Free  State,  Ottoman  Porte,  Sal- 
vador, Si>ain,  Sweden  and  Norway,  Swiss  Confederation.  Two  Sicilies. 

Attempt  to  commit  rape. — Belgium,  Luxemburg. 

Hankruptcij,  fruudnlt.nt — Peru. 

Barratry,  fraudulciit. — Peru. 

Bigamy.— \M^\nn\,  Luxemburg,  Netherlands,  Peru. 

Breaking  and  entering  public  offices,  etc, — Japan,  Netherlands,  Sjiaiu. 

Breaking  nil d  entering  the  hous'' of  another  in  the  dag  or  night  lime  with  intent 
to  commit  felony. — Japan. 

Burglary. — Belgium,  Ecuador,  France,  Italy,  Japan,  Luxemburg,  Mexico, 
Netlnrlands,  Nicaragua,  Ottoman  Porte,  Peru,  Salvador,  S[)aiu,  Swi-dtn 
and  Norwaj'. 

Counterfeit  money,  fabrication  or  circulation  of. — Austria,  Badfii,  {{.iv.ii  i;i, 
Belgium,  i'>remeu,  l>omiiii«!an  Republic,  E(Miador,  Fraiuie,  Il.inovcr, 
Hayti,  Italy,  Jaitan,  rjiix(?ml>urg,  Mccklculiurg-Schwerin,  Micklfiiliurg- 
Strtlitz,  Mexico,  Ndtliirlands,  Nicaragua,  North  German  Union,  Oidm- 
borg,  Ottoman  Porte,  Peru,  Prussia  and  other  Htalcs,  Salvailor,  Sclianm- 
bnrg-Lipjii',  Spain,  Swedrn  ami  Norway,  Two  .Sicilies,  Wiirtlrmltcrg  ;  and 
tlie  introduction  of  or  making  in-iirinnriiiH  fur  ihr  rnlnii nUiiii  n/'.  Mi-xico. 

'.»5 


9G  EXTRADITION. 

Coiiiiicrfeltjvg  honds,  hanh-notes,  seals,  dies,  stamps,  etc. — Belgium,  Ecuador 
Itiily,  Japan,  Luxemburg,  Netherlands,  Nicaragua,  Ottoman  Porte,  Peru, 
Salvador,  Hpain, 

Emhezzlnnent  of  inihlicmoney. — Austria,  Baden,  Bavaria,  Bremen,  Menklen- 
burg-Sebwerin,  Mecklenburg-Strelitz,  Mexico,  North  German  Union, 
Oldenburg,  Peru,  Prussia  and  other  countries,  Schaumburg-Lippe, 
Wiirttembcrg, 

Emhezzlcment  of  public  money  6.1/  puWic  officers. — Belgium,  Dominican  Re- 
public, Ecuador,  Frauce,  Hanover,  Hayti,  Italy,  Japan,  Luxemburg, 
Peru,  Netherlands,  Nicaragua,  Orauge  Free  State,  Ottoman  Porte,  Sal- 
vador,  Spain,   Sweden  and  Norway,  Swiss  Confederation,  Two  Sicilies. 

Embezzlement  by  persons  hired  or  salaried. — Belgium,  Dominican  Republic, 
Fiance,  Hayti,  It<aly,  Luxemburg,  Netherlands,  Nicaragua,  Orange  Free 
State,  Ottoman  Porte,  Peru,  Salvador,  Spain,  Swiss  Confederation. 

Explosion,  intentional,  of  mines  or  steam-boilers,  causing  severe  injuries. — Peru. 

Forged  paper,  utltrance  of. — Bavaria,  Belgium,  Bremen,  Ecuador,  France, 
Great  Britain,  Hanover,  Hawaiian  Islands,  Hayti,  Italy,  Japan,  Luxem- 
burg, Mecklenburg-Schwerin,  Mecklenljurg-Strelitz,  Mexico,  Nether- 
lands, Nicaragua,  North  German  Union,  Oldenburg,  Orange  Free  State, 
Ottoman  Porte,  Prussia  and  other  states,  Salvador,  Schaumburg-Lippe, 
Spain,  Swiss  Confederation,  Wiirttemberg. 

Forgery. — Austria,  Baden,  Bavaria,  Belgium,  Bremen,  Dominican  Repub- 
lic, Ecuador,  France,  Great  Britain,  Hanover,  Hawaiian  Islands,  Hayti, 
Italy,  Japan,  Luxemburg,  Mecklenburg-Schwerin,  Mecklenburg-Strelitz, 
Mexico,  Netherlands,  Nicaragua,  North  German  Union,  Oldenburg,  Orange 
Free  State,  Ottoman  Porte,  Pern,  Prussia  and  other  states,  Salvador, 
Schaumburg-Lippe,  Spain,  Sweden  and  Norway,  Swiss  Confederation, 
Two  Sicilies,  Wiirttemberg. 

Highway  robbery. — Peru. 

Horn  icide. — Salvador. 

Infanticide. — Belgium,  Dominican  Republic,  Ecuador,  France,  Hayti,  Italy, 
Luxemburg,  Mexico,  Netherlands,  Nicaragua,  Orange  Free  State,  Otto- 
man Porte,  Peru,  Salvador,  Spain,  Sweden  and  Norway,  Swiss  Confeder- 
ation, Two  Sicilies. 

Kidnapping. — Italy,  Mexico,  Netherlands,  Peru,  Spain. 

Larceny  of  goods  and  chattels  of  the  value  of$2b  or  uptvards. — Mexico,  Spain. 

Larceny. — Netherlands,  Peru. 

Alaliciows  destruction  of  or  attempt  to  destroy  railways,  public  edifices,  etc.,  when 
the  act  endangers  human  life. — Japan. 

Manslaughter. — Netherlands. 

Murder. — Austria,  Baden,  Bavaria,  Belgium,  Bremen,  Dominican  Republic, 
Ecuador,  France,  Great  Britain,  Hanover,  Hawaiian  Islands,  Hayti,  Italy, 
Japan, Luxemburg,  Mecklenburg-Schwerin,  Mecklenburg  Strelitz,  Mex- 
ico, Netherlands,  Nicaragua,  North  German  Union,  Oldenburg,  Orange 
Free  State,  Ottoman  Porte,  Peru,  Prussia  and  other  states,  Salvador, 
Schaumburg-Lippe,  Spain,  Sweden  and  Norway,  Swiss  Confederation, 
Two  Sicilies,  Wiirttemberg. 

Murder,  assault  with  intent  to  kill,  and  manslaughter  on  the  high  seas,  committed 
on  vessels  of  demanding  country. — Japan. 

Mutilation. — Mexico. 


EXTRADITION.  97 

J/«fiHi/.— Belgium,  Ecuador,  Italy,  Luxemburg,  Netherlands,  Nicaragua, 
Ottoman  Porte,  Peru,  Salvador,  Spain,  Sweden  and  Norway. 

Obtaining  by  threats  or  false  devices,  money,  valuables,  c/c— Netherlands, 
Spain. 

Parricide. — Belgium,  Dominican  Republic,  Ecuador,  France,  Hayti,  Italy, 
Lnxembui-g,  Mexico,  Netherlands,  Nicaragua,  Orange  Free  State,  Otto- 
man Porte,  Peru,  Salvador,  Spain,  Sweden  and  Norway,  Swiss  Confed- 
eration, Two  Sicilies. 

Perjury,  or  the  suhonialion  of  perjury. — Japan. 

J'iraci/.— Austria,  Baden,  Bavaiia,  Belgium,  Bremen,  Dominican  Republic, 
Ecuador,  Great  Britain,  Hanover,  Hawaiian  Islands,  Hayti,  Italy,  Japan, 
Luxemburg,  Mecklenburg-Schwerin,  Mecklenburg-Strelitz,  Mexico,  Nic- 
aragua, North  German  Union,  Oldenburg,  Orange  Free  State,  Ottoman 
Porte,  Peru,  Prussia  and  other  states,  Salvador,  Schaumburg-Lippe, 
Spain,  Sweden  and  Norway,  Swiss  Confederation,  Two  Sicilies,  Wiirt- 
temberg, 

PoiHoninfj. — Belgium,  Dominican  Republic,  Ecuador,  France,  Hayti,  Italy, 
Luxemburg,  Mexico,  Netherlands,  Nicaragua,  Orange  Free  State,  Otto- 
man Porte,  Peru,  Salvador,  Spain,  Sweden  and  Norway,  Swiss  Confedera- 
tion, Two  Sicilies. 

Purchasing,  knon- in  gly,  money,  valuables,  etc.,  obtained  by  false  devices. — Nether- 
lands. 

Rape. — Belgium,  Dominican  Republic,  Ecuador,  Francs,  Hayti,  Italy, 
Japan,  Luxemburg,  Mexico,  Netherlands,  Nicaragua,  Orange  Free  State, 
Ottoman  Porte,  Peru,  Salvador,  Spain,  Sweden  and  Norway,  Swiss  Con- 
federation, Two  Sicilies. 

Pecej)tion  of  articles  obtained  by  means  of  one  of  the  crimes  specified  in  the  con- 
vention.— Belgium,  Luxemburg. 

Piobbery. — Austria,  Baden,  Bav.aria,  Bidglum,  Bremen,  Dominican  Re[>ublic, 
Ecuador,  France,  Great  Britain,  Hanover,  Hawaiian  Islands,  Hayti, 
Italy,  Japan,  Luxemburg,  Mecklenburg-Schwerin,  Mecklenburg-Strelitz, 
Mexico,  Netherlands,  Nicaragua,  North  German  Union,  Oldenburg, 
Orange  Free  State,  Otioman  Porte,  Peru,  Prussia  and  other  states,  Sal- 
vador, Schaumburg-Lippe,  Spain,  Sweden  and  Norway,  Swiss  Confedera- 
tion, Two  Sicilies,  Wiirttemberg. 

Slave  trade. — .Si)aiii. 

Vessels,  intentional  destruction  or  loss  of. — Netherlands,  Spain. 

TVilful  and  unlauful  destruction  or  obstruction  of  railroads. — Belgium,  l^ux- 
embiirg,  Netherlands,  Peru. 

Wilful  injuries  to  telegraph  lines. — Peru. 

S.  Ex.  55 7 


Appendix  C. 


PRACTICE  IN  VARIOUS  COUNTRIES. 

In  November,  1888,  the  Departmeut  of  State  instructed  the 
miuisters  of  the  United  States  to  make  reports  upon  the  prac- 
tice of  extradition  in  the  countries  in  which  they  respectively 
resided.  The  following  information  touching  i^ractice  in  for- 
eign countries  is  taken  partly  from  those  reports  and  partly 
from  other  sources.    The  circular  was  as  follows : 

You  are  iustrncted  to  make,  at  an  early  day  a  report  on  the  subject  of 
interuational  extradition,  as  practiced  by  the  Government  to  wliicb  yon 
are  accredited. 

Your  report  need  not  be  contined  to  answers  to  specific  questions,  since 
it  Avonld  be  impossible  for  the  Departmeut  to  anticipate  all  the  matters 
■which  you  may  find  pertinent.  But,  for  your  guidauceas  to  the  character 
of  the  report  desired,  the  following  inquiries  are  suggested : 

1.  Does  the  Government  to  which  you  are  accredited  extradite  in  the 
absence  of  a  couventional  obligation?  If  so,  upon  what  conditions?  Is 
reciprocity  required,  or  is  the  matter  iu  the  absolute  discretion  of  the  Gov- 
ernment ? 

2.  Is  i>rovisional  arrest  and  detention  of  a  fugitive  granted  pending  the 
reception  of  a  formal  requisition  for  surrender,  accompanied  with  the  evi- 
dences of  crime  relied  upon  to  obtain  extradition  ?  If  so,  what  steps  must 
be  taken  by  the  demanding  Government  and  its  agents  to  secure  such  ar- 
rest and  detention  ?  Is  a  diplomatic  requisition  therefor  necessary  ;  and, 
if  so,  what  must  it  contain  ?  How  long  can  the  fugitive  be  provisionally 
detained  ?  Can  provisional  arrest  and  detention  be  obtained  upon  tele- 
graphic information  ? 

3.  By  wliat  authority  are  warrants  of  arrest  issued  ?  If  a  warrant  for 
provisional  arrest  has  been  issued,  is  a  new  warrant  required  after  receipt 
of  formal  requisition  '  Must  complaint  be  made,  and  if  so  by  whom,  before 
judicial  authorities,  to  secure  arrest  and  detention  iu  either  case  ?  Can 
arrest  be  secured  on  complaint  before  judicial  authorities  without  prior  ap- 
plication to  the  Executive  ?  If  arrest  be  so  obtained,  must  the  matter  be 
brought  before  the  Executive  to  secure  detention  ? 

4.  How  is  the  charge  against  the  fugitive  examined,  and  what  is  the 
course  of  the  examination  ?  Do  the  judicial  authorities  take  any  part  in 
it  ?  If  so,  what;  and  what  report  or  finding  do  they  make  ?  To  whom  is 
it  made,  and  to  what  extent  is  it  binding  on  the  Executive  ?  Must  papers  ' 
be  submitted  to  the  Executive  before  they  are  presented  to  the  judicial  au- 
thorities, and  by  whom  must  this  be  done  ? 

98 


EXTRADITION.  99 

5.  In  what  form  are  papers  required  to  be  authenticated  ? 

6.  Hou-  is  the  question  of  extradition  finally  decided,  and  in  what  form 
is  notice  of  the  decision  given  to  the  demanding  Government  ? 

7.  How  is  seizure  of  property  or  effects  of  a  fugitive  secured  ?  And  are 
they  delivered  to  the  demanding  Government? 

8.  When  and  where  is  a  fugitive,  whose  extradition  has  been  granted, 
delivered  to  the  authorities  of  the  demanding  Government?  Is  such  de- 
livery made  at  the  place  where  the  fugitive  is  detained,  or  at  the  frontier? 
How  soon  must  the  fugitive  be  taken  out  of  the  country  after  his  extradi- 
tion has  been  granted  ? 

9.  Is  a  right  of  transit  across  its  territory  of  criminals  surrendered  by  a 
third  state  to  a  foreign  Government  conceded  by  the  Government  to  which 
you  are  accredited  ?  If  so,  on  what  conditions  and  in  whose  custody  is  the 
fugitive  conducted  across  such  territory  ? 

10.  What  is  the  rule  of  the  Government  in  respect  to  the  payment  of  ex- 
penses ? 

You  are  instructed  to  forward  to  the  Department,  with  your  report,  du- 
plicate copies  of  the  law  of ,  if  any,  on  the  subject  of  extradition. 

And  in  making  your  report  you  will  take  into  consideration  how  far  tliis 
law  may  furnish  a  definite  answer  to  the  questions  above  stated.  Tbe  De- 
partment desires  full  information  on  the  points  suggested,  but  does  not  wish 
your  written  report  to  be  unnecessarily  amplified. 


ARGENTINE  REPUBLIC. 

April  10,  1889,  Mr.  Ilatiiia  inclosed  to  the  Department  a 
translation  of  the  articles  of  the  criminal  code  of  the  Ar<;en- 
tine  Jlepublic  of  October  17,  1888,  rehitinj,'  to  extradition,  ;ind 
a  list  of  the  country's  treaties  on  the  same  subject. 

[Inclosure  1. — Translation.! 

Mode  of  procedure  of  the  Argeniine  Government  in  cases  concerning  extradilion. 

AuT.  G4G.  The  extradition  of  criminals,  wliethcra^kcd  for  by  thoRiqnililic 
or  granted  at  tlie  request  of  aiioihiT  nation,  is  allowed  only — 

(1)  In  cases  determined  by  existing  treaties. 

(2)  In  the  absence  of  treaties,  in  thoso  cases  in  wliich  extradition  may 
bo  allowed  according  to  the  principleofrecijirocity  or  the  uniform  i>ractico 
of  nations. 

Akt.  ()47.  Tbe  judge  liaviiig  juiisdict  ion  in  the  cause  againsl  u  criminal 
absent  in  a  foreign  country  sball  alone  be  uompotent  to  take  cognizi(ncii  of 
ibi-  matter  of  bis  extradilion. 

In  case  it  is  asked  (or  by  a  foreign  Government,  Mie  judge  pn^siiling  in 
the  district  where  tbe  ]>erson  required  lives  Hliaii  liave  juiisfliction. 

Ai'.r.  (ijM.  Provided  tiiere  is  a  treaty,  extradilion   will   be  ;i.sl<ed   lor  or 

(•(ill'edi'il .   :ii<iir'l  ill"   to   tj"'    til.'IIMn   r  •iiirl   cdiKt  1 1  inns   lliriiirj    |  iii' >i  ri  I  icil . 


100  EXTRADITION. 

If  there  is  no  treaty,  extraditiou  sball  be  asked  lor  or  conceded  through 
the  diplomatic  channel,  according  to  the  iirocedure  and  conditions  estab- 
lished in  this  Code. 

Art.  649.  The  jndge  who  may  have  jurisdiction  in  the  cause  will  ex- 
ofiBcio,  or  at  the  instance  of  the  party  concerned,  by  decision  based  on  legal 
principles,  grant  and  demand  the  extraditiou  from  the  moment  in  which 
on  account  of  the  state  of  the  process  and  its  result,  the  extradition  should 
be  allowed. 

Art.  650.  Appeal  may  be  taken  from  the  decision  by  which  the  extradi- 
tion is  either  granted  or  refused,  shoukl  such  decree  be  made  by  a  judge 
of  an  inferior  court. 

Art.  651.  The  letter  or  communication  asking  for  extradition,  whether 
by  authorities  of  this  country  or  by  those  of  another,  must  be  accompanied 
by  an  authenticated  transcript  of  the  decision  requiring  such  proceeding, 
and  also  by  the  following  documents  : 

(1)  The  sentence  of  conviction  according  to  the  form  prescribed  by  law, 
if  the  person  claimed  shall  already  have  been  convicted,  or  the  warrant  of 
arrest  issued  by  the  competent  courts,  with  the  exact  designation  and  the 
date  of  the  commission  of  the  crime  or  offense,  if  the  person  has  been  in- 
dicted or  is  resting  under  suspicion.  Said  papers  will  be  forwarded  in  orig- 
inal or  in  authenticated  copies. 

(2)  All  data  and  antecedents  necessary  to  prove  the  identity  of  the  per- 
son whose  extradition  is  demanded. 

(3)  An  authenticated  copy  of  the  legal  provisions  applicable  to  the  offense 
with  which  the  person  is  charged,  according  to  the  law  of  the  respective 
country. 

Art.  652.  When  the  demand  of  extradition  is  not  authorized  by  treaty, 
the  national  executive  jiower,  after  taking  the  opinion  of  the  Attorney- 
General,  will  determine  what  is  proper  to  be  done.  Should  the  decision  be 
adverse  to  the  extradition,  the  requisition  will  be  returned  to  the  Govern- 
ment or  to  the  judge  by  whom  it  was  issued,  accompanied  by  a  copy  of  the 
Attorney-General's  opinion  and  of  the  decision  made. 

In  case  the  application  is  favorably  received,  the  Government  will  forth- 
with communicate  with  the  judge  of  the  district  wherein  the  refugee  is, 
accompanied  by  all  the  antecedents,  and  notice  shall  be  given  to  the  for- 
eign Government  interested.  When  extradition  is  asked  for  by  judges  of 
the  Republic,  the  national  executive  power  will  direct  a  corresponding  letter 
to  the  Government  of  the  nation  where  the  refugee  is,  and  will  so  advis( 
the  judge  asking  for  the  extradition. 

Art.  653.  The  request  for  extradition  having  been  jiassed  to  that  judge 
of  the  Republic  who  is  to  take  cognizance  of  the  case,  he  will  order  the  de- 
tention of  the  refugee  and  give  him  a  hearing  within  forty-eight  hours,  for 
the  purpose  of  proving  his  identity,  placing  him  at  liberty  immediately,  if 
it  is  found  that  proceedings  were  taken  against  him  erroneously. 

Art.  6.54.  If  the  identity  of  the  person  is  established  by  proof,  prima 
facie  at  least,  he  must  be  notified  to  name  qnalifiod  counsel  for  his  defense 
in  the  period  of  three  days,  it  being  the  duty  of  the  judge  to  do  this,  if  the 
accused  refuses  to  do  so  in  the  time  specified. 

Art.  655.  In  the  argument  concerning  the  application  for  extradition,  it 
will  not  be  permitted  to  traverse  the  intrinsic  validity  of  the  documents 


EXTEADITIOX.    .  101 

produced  by  tlie  demanding  Government,  the  determination  being  limited 
to  the  following  points : 

(1)  Identity  of  the  person. 

(2)  Exiiiiimatiou  of  the  extiinsic  forms  of  tlie  documents  produced, 

(:{)  Whether  the  crime  or  offense  is  embraced  in  either  of  the  cases  men- 
tioned in  Article  fi46. 

(4)  Whether  the  penalty  adduced  belongs  to  the  category  of  penalties 
which,  by  the  laws  of  the  deiuaudiug  country,  correspond  to  the  crime  or 
offense  in  question. 

(5)  Whether  the  penal  action  or  corresponding  penalty  is  proscribed  ac- 
cording to  the  laws  of  the  demanding  country. 

(G)  Whether  the  decision  or  warrant  of  arrest,  as  the  case  may  be,  ema- 
nates from  the  competent  courts  of  the  demanding  country. 

Art.  fi.%.  The  counsel  of  the  person  claimed  shall  have  six  days  to  pre- 
sent his  defense,  which  the  district  attorney,  who  will  necessarily  be  a 
party  in  every  case  relating  to  extradition,  shall  be  allowed  to  hold  six 
days  for  examination. 

Art.  657.  If  there  be  neceasity  to  prove  any  facts,  the  case  shall  be  re- 
ceived for  evidence,  and  with  regard  to  this,  and  to  the  procidnre,  tlie  pro- 
visions of  this  Code  will  determine. 

Art.  (5.08.  At  the  end  of  the  time  allowed  for  proof,  the  judge,  with  the 
pleadings  before  him,  shall  decide  within  ten  days,  and  will  declare  whether 
thi're  IB  or  is  not  ground  for  granting  the  extradition. 

Art.  6.59.  An  appeal  from  the  decision  of  the  judge  of  the  section  may  bo 
niade  to  the  Supreme  Court,  which  will  brieiV^  and  dohnitely  determine 
the  matter,  after  taking  the  opinion  of  the  Attorney-General.  The  orig- 
inal papers  will  be  passed  to  the  minister  for  foreign  attairs,  retaining  a 
sutlicieut  record  thereof,  and  said  determination  will  be  forwarded  to  the 
deiuaudiug  Government. 

Art.  660.  No  criminal  extradited  shall  be  tried  for  an  oliense  prior  to  that 
for  which  his  extradition  was  asked. 

If  on  account  of  an  offense  committed  previously  to  the  order  of  extradi- 
tion, but  diseoveied  subsequently  tliereto,  authorization  should  bo  asked 
to  |»roHecute  the  person  already  eurrcndered,  the  demand,  wJiich  shall  bo 
a<eoiiipani<!d  by  the  ])apeis  relating  to  the  process,  in  which  shall  be  con- 
tained the  slateiiient  of  the  |)ei.soii  accused  or  a  declaration  sigm-d  by  him 
that  be  lias  no  statement  to  make,  shall  be  submitted  to  the  judge  of  hcc- 
tion,  before  whom  tlie  demand  for  his  extradition  shall  liave  como,  and 
from  his  decision  there  shall  lie  no  apjieal. 

Art.  661.  The  Argi-ntim^  Government  may  aulliorize  the  transit,  through 
tlie  territory  of  the  Kepiibliu,  of  a  person  surreiidoreil  who  is  not  an  Argen- 
tine citizen,  willioiit  any  further  re(piircmeiit  than  )h(^  jircsenlntion, 
through  the  diplnmatic  channel,  of  I  he  sentciuce,  whereby  ho  has  lieen  eon- 
dcinncd  or  the  warrant  issued  for  his  arrest. 

Art.  (i6J.  Tin;  eonrtsemiiowered  to  delermine  extradition  cases  will  aino 
have  authority  to  determine  whetlu;r  pa|MU's  and  ollu^r  things  found  on  the 
person  of  the  presumed  offender  shall  bo  given  up  to  the  demanding  Gov- 
ernment eith(!r  wholly  or  in  i)art. 

Art.  •163.  Letters  rogatory,  issued  by  a  competent  foreign  mauistrafe  in  a 
criminal  matter  not  of  a  political  character,  shall  bo  presented  ihrough 


102  .  EXTRADITION. 

the  diplomatic  cLannel,  and  sTiall  be  transmitted  to  the  competent  jndicial 
authorities. 

Art.  6t)4.  In  urgent  cases  they  can  be  transmitted  directly  to  the  Argen- 
tine authorities,  who  must  act  without  delay,  provided  they  are  not  in  cou- 
flict  witli  the  laws  of  the  Eepublic. 

Art.  665.  Citations  in  a  criminal  matter  not  of  a  political  character,  of 
witnesses  domiciled  or  residing  in  the  Republic,  shall  not  be  admitted  and 
notice  thereof  shall  not  be  given  them,  save  on  condition  that  snch  wit- 
nesses shall  not  be  iirosecuted  nor  imprisoned  on  account  of  previous  acts  or 
convictions,  or  as  accomplices  in  the  oflense  then  brought  to  trial. 

Art.  606.  If  the  person  asked  for  is  on  trial,  or  is  convicted  for  a  crime 
or  oti'ense  committed  in  the  Republic,  extradition  shall  be  deferred  until  the 
trial  is  finished  or  the  penalty  satisfied. 

Art.  667.  When,  for  the  oQeuse  which  prompts  the  demand  for  extradi- 
tion, there  is  a  lighter  penajty  in  the  Republic,  the  accused  person  shall 
not  be  extradited,  save  on  condition  that  the  courts  of  the  country  which 
claims  him  shall  impose  on  him  the  lighter  penalty. 

Art.  668.  If  the  offender  is  demanded  by  more  than  one  state  at  the  same 
time,  preference  shall  be  given  to  that  state  in  which  the  greatest  offense 
was  committed,  and,  in  case  of  equal  offense,  to  that  state  which  first  asked 
for  him. 

Art.  669.  If  the  criminal  is  an  Argentine  citizen,  and  elects  to  be  judged 
by  the  Argentine  courts,  the  Government  of  the  demanding  nation  may  fur- 
nish to  said  courts  all  the  antecedents  and  proofs  of  the  offense,  in  order 
that  he  may  be  tried  according  to  the  laws  of  the  Republic. 

Art.  670.  The  delivery  of  all  the  effects  which  the  accused  may  have 
stolen  in  a  foreign  country,  and  which  were  found  in  his  possession  at  the 
time  of  his  arrest,  and  the  things  which  may  serve  as  proof  of  the  offense 
of  which  he  is  charged,  shallot  course  be  included  in  the  writ  of  extradi- 
tion. 

Art.  671.  In  case  of  urgency,  the  courts  of  the  Reiiublic  may  order  the 
preliminary  arrest  of  a  foreigner  in  compliance  with  the  direct  request  of 
the  judicial  authorities  of  a  country  having  an  extradition  treaty  with  the 
Republic,  provided  that  the  existence  of  a  sentence,  or  of  a  warrant  of  ar- 
rest be  established,  and  provided  the  nature  of  the  crime  for  which  the  per- 
son in  question  has  been  sentenced  or  is  pursued  be  clearly  determined. 

The  demand  may  be  made  by  mail  or  telegraph,  and  at  the  same  time 
notice  shall  be  given  through  the  diplomatic  channel  to  the  minister  for 
foreign  affairs. 

The  courts  that  have  caused  the  arrest  to  be  made  shall  immediately 
give  notice  thereof  to  the  minister  for  foreign  affairs,  through  the  minis- 
ter of  justice. 

Art.  672.  A  foreigner  arrested  by  virtue  of  the  provisions  of  the  forego- 
ing article  shall  be  immediately  released,  if  within  the  period  of  fifteen 
days,  when  the  country  concerned  is  one  bordering  on  the  Republic,  and  of 
one  month  and  a  half  in  the  case  of  all  other  countries,  the  Argentine 
Government  shall  not  receive  in  due  form  the  demand,  through  the  diplo- 
matic channel,  for  extradition. 

Art.  673.  The  preliminary  arrest  of  a  foreigner  may  likewise  be  ordered 
at  the  request  of  a  diplomatic  officer,  pending  the  arrival  of  the  papers 


EXTRADITION. 


103 


necessary  to  be  presented  with  the  demand  for  extradition,  and  the  provis- 
ions of  the  two  foregoing  articles  shall  be  applicable  to  these  cases. 

Art.  674.  Every  foreigner  arrested  by  virtue  of  a  demand  for  extradition 
may  ask  for  his  provisional  liberty,  under  bail,  upon  the  same  conditions 
as  if  the  offense  charged  had  been  committed  in  the  Republic.  (See 
"Codigo  de  Procedimientos  en  lo  Criminal,"  pp.  216-2'2o  inclusive.) 

[Incloaure  2.] 

Statement  showing  page  and  volume  of  Argentine  treaties  ioucliing  extradition. 
(Coleccion  de  Traiados  de  la  Eepnhlica  Argentina.) 


Conntrv. ' 


ChUe    ... 

Do. 
Brazil    .. 

Do. 
Bolivia  .. 

Do. 


Volume. 

Page. 

1 

41.5,416 

9 

316-3-21  l| 

i 

bii^Ml    1 

2 

324^3J2 

1 

571,r.72 

2 

C  218-221 
I  303-307  i| 

Coantry. 


Urugnay 
Italy  .... 
Paraguay 
Portusaf. 
Spain 


Volume.    Page. 


2 

243-246 

2 

282-294 

3 

99-109 

3 

238-254 

3 

272-280 

AUSTRIA-IIUXGARY. 

Three  reports  have  been  received  from  the  legation  of  the 
United  States  at  Viemia.  The  first,  by  Mr.  Lawtou,  of  Janu- 
ary 30,  1889,  contains  the  following  passages: 

The  Austrian  Government  has  not,  up  to  the  present  time,  as  far  as 
known  to  tliis  legation,  seen  fit  to  enact  any  special  laws  in  regard  to  the 
question  of  cxtriMlition  beyond  the  short  extracts  from  the  "Strafgesetz" 
and  "Strafgescfz  Ordnung"  enclosed  herein.  Such  precedents  and  cus- 
'onis  as  exist  are  based  on  the  prevailing  law  of  the  Empire,  an<l  are,  in 
ach  particular  case,  carried  out  in  accordance  with  the  i)rovision8  of  the 
treaty  existing  between  Austria-Hungary  and  the  power  making  request 
for  extradition. 

Those  treaties  arc,  fairly  uniform  in  character,  tliongh  those  coufluded 
many  years  ago  are  necessarily  less  complete  and  precise  ( lian  those  of  later 
•late.  Especially  may  tliis  be  noticed  as  to  the  existing  treaty  between  the 
Unitf'd  States  and  Austria-lluugary,  concinded  July  '.\,  l'^5(t.  Many  import- 
ant i)rovisious,  such  as  additional  crimes  for  which  rxtradilion  can  be 
granted,  the  apprehension  of  fngitives  by  telegraph,  delivery  of  urticles 
-ei/.ed  hi  poH8«'ssioii  of  tlie  jtersou  to  be  surrendered,  payment  of  the  ex- 
lienses  of  extradition,  transportation  across  territory  of  a  fugitive  surren- 
dered by  a  third  jjower,  etc.,  are  entirely  omitted  in  this  treaty  \\'\i\\  the 
United  States;  and  in  addition  it  aftpears  to  lack  the  ciearnesss  of  thoso 
iriorn  recently  concluded. 

The  treaties  between  Austria-ilungary  and  England  (Uitii  April,  1H74), 
IJelgium  (12th  January,  1881),  and  Brazil  ('ilst  May,  1883)  arc  the  most  full 
and  complete,  as  well  as  the  latest,  jiegotiated 

As  by  tlie  Instructions  of  the  Department  circular  I  am  directed  to  lake 
into  consideration  how  far  the  documents  forwarded   furnish  a  delinito 


104  EXTRADITION. 

answer  to  the  questions  asked,  and  as  a  perusal  of  the  treaties  above  men- 
tioned will  give  full  iuformatiou  ou  nearly  all  the  points  desired,  I  confine 
myself,  therefore,  in  this  report,  to  questions  which  are  not  covered  by  the 
treaties,  and  to  additional  miscellaneous  information  relating  to  the  sub- 
ject. 

From  information  obtained  through  the  ministry  of  foreign  affairs,  it  has 
been  ascertained  that  the  Austro-Hungarian  Government  will  grant  extra- 
dition in  the  absence  of  a  conventional  obligation,  in  accordance  with  the 
practice  of  the  prevailing  law  of  Austria  and  Hungary. 

Extradition  under  such  circumstances  must,  however,  be  reciprocal. 

I  am  informed,  that  u^jon  a  report  being  made  by  the  judicial  authorities 
to  the  minister  of  j  ustice,  stating  whether  extradition  should  or  should  not 
be  granted,  such  minister,"  after  approving  or  disapproving  the  finding  of 
the  lower  courts,  communicates  in  turn  his  decision  to  the  imxierial  and 
royal  ministry  of  foreign  affairs. 

The  decision  of  the  minister  of  justice  is  understood  to  be  final,  unless 
the  ministry  of  foreign  affairs  should  show  that  it  is  not  in  accordance  with 
the  particular  treaty  under  which  proceedings  are  taken. 

The  question  of  extradition  is  finally  decided  by  the  minister  of  justice, 
after  receiving  a  rej^ort  of  the  decisions  of  the  lower  courts.  He  in  turn 
forwards  his  decision  to  the  minister  of  foreign  affairs  for  transmission, 
diplomatically,  to  the  demanding  state. 

Estiadition  will  not  be  granted — 

(1)  For  political  offences,  always  excepting  attempts  on  the  life  of  the 
sovereign  or  members  of  his  family. 

(2)  For  crimes  which  have  become  outlawed. 

(3)  When  the  fugitive  has  been  prosecuted  and  acquitted  in  the  state 
from  which  extradition  is  asked,  for  the  same  crime  which  has  led  to  a  de- 
mand for  his  extradition, 

'  (4)  When  the  offence,  committed  outside  of  the  state  from  which  extra- 
dition is  requested,  docs  not,  according  to  the  laws  of  both  the  contracting 
states,  involve  a  punishment  of  a  year's  imprisonment  or  more. 

(5)  Nor  will  a  fugitive  be  kept  in  arrest  in  the  state  to  which  he  has  been 
surrendered  on  account  of  another  previous  crime,  nor  on  any  other  grounds 
than  those  of  his  surrender,  unless  such  person  has,  after  his  surrender,  had 
ample  opportunity  of  returning  to  the  country  whence  he  was  surrendered. 

Extradition  will  take  place  :  For  j)articipation  in  crimes  as  accessory 
either  before  or  after  the  fact,  provided  such  participation  be  punishable 
by  the  laws  of  both  contracting  countries. 

If  an  individual  whose  extradition  is  demanded  be  also  claimed  by  one 
or  several  other  powers  on  account  of  other  crimes  committed  in  their  ter- 
ritory, he  shall  be  surrendered  to  the  Government  in  whose  territory  his 
greatest  crime  was  committed,  and  if  his  crimes  were  all  of  the  same  grav- 
ity, or  a  doubt  exists  as  to  which  is  the  greatest,  to  the  Government  which 
first  made  application  for  his  surrender. 

No  requisition  for  a  surrender  can  be  based  ou  a  conviction  "  in  contu- 
maciam." 

The  extradition  shall  not  take  place  before  the  expiration  of  fifteen  days 
from  the  apprehension. 


EXTEADITIOX.  105 

Requisitions  should  contain  full  description  of  the  fugitive,  and  all  in- 
formation which  may  assist  in  his  identification. 

In  case  any  doubt  should  arise  as  to  the  offence  coming  under  the  head  of 
those  mentioned  in  a  convention,  explanation  will  be  asked  for,  and  after 
due  examination,  the  state  from  whom  extradition  is  requested  will  de- 
cide whether  it  shall  be  granted. 

The  second  re])ort,  also  by  Mr.  Lawton,  bears  date  February 
;^0,  1889,  aud  inclosed:  (1)  A  translation  of  a  note  from  the 
ministry  of  foreign  aftairs;  (2)  translation  of  rules  governing 
extradition  of  criminals  in  the  Kingdom  of  Hungary : 

[Inclosure  1 — Translation.] 
Mr.  Paaeiti  to  Mr.  Lawion. 

Vienna,  February  2,  1889. 

In  the  note  of  December  18th  last,  the  envoy  extraordinary  and  minister 
plenipotentiary  of  the  United  States  of  America,  Mr.  A.  R.  Lawton,  was 
pleased  to  communicate  to  the  imperial  and  royal  minibtry  of  foreign  affairs 
his  desire  to  obtain  information  relative  to  the  extiaditi(»n  vf  criminals  iu 
Austria-Hungary,  and  the  laws  and  treaties  pertaining  to  the  same. 

The  ministry  of  foreign  affairs  thereupon  imme  '.lately  i)!aced  itself  in 
correspondence  with  the  ministeries  of  justice  at  Vienna  and  Budapesth, 
aud  now  begs  to  transmit  to  the  honorable  envoy  the  desired  information. 

As  regards  the  kingdoms  and  countries  repre.sented  in  the  Reichsrath,  the 
ministry  of  foreign  affairs  begs  to  place  at  the  disposal  of  the  honorable 
envoy  the  accompanying  pamphlet  containing  the  provisions  of  the  criminal 
Jaw  in  force  in  the  Austrian  part  of  the  empire  ;  the  proceedings  relating  to 
extradition  ;  the  decrees  promulgated  and  the  treaties  concluded  up  to  the 
year  1885. 

or  the  treaties  at  present  in  force,  the  onlyone  not  contained  iu  tlio  above 
mentioned  pamithlet  is  the  one  concluded  with  the  principality  of  Monaco, 
as  its  ratification  took  ])lace  inunediately  after  i>ublication  of  the  volume, 
and  copy  of  which  bas,  iis  intimated  in  tlicestoemivl  note,  ]»r()b;il>ly  nlrejuly 
been  procured  at  the  imperial  printing  ollicc. 

Tlie  ministry  of  foreign  allai is  Inrtliermore  begs  in  (iirect  tlic  aiieni  ion 
of  the  honorable  envoy  to  I  be  fact  tbat  no  formal  extradition  treaties  (>xist 
witli  Denmark,  Portugal,  Turkey,  Greece,  and  Roumania. 

A  iniitiial  understanding,  however,  in  ri'gar<l  to  the  t^xtradi^ion  (>!'  crim- 
inals, bas  establislied  itself  by  custom  between  Austria  and  llnngiiry  "U 
tlieone  part  and  Turkey  on  tlie  other.  Extradition  Iteing  thereby  sanc- 
tioned (on  condition  of  reciprocity)  from  Austria- Hungary  to  Turkey,  un- 
less "the  criminal  be  a  Christian,  and  rhr  versa  unb-ss  be  belong  to  (he 
Moliammedan  faith. 

Tiie  laws  gov«frniug  the  extradition  of  criminalH  in  the  connlrieH  of  tlie 
fliiiigarian  crown  are  given  in  the  accompanying  Hlatement. 

The  ministry  of  foreign  ailairs  linally  begs  (o  remark  that  this  stato- 
inent  contains  the  answers  to  the  questions  wliich  the  honorable  envoy  had 
previously  addre.H.sed  to  this  ministry.     It  will,  however,  in  due  course, 


106  EXTRADITION. 

transmit  any  supplementary  communication  wliich  may  be  received  from 
the  imperial  royal  ministries  of  justice  at  a  later  date. 

The  undersigned  avails,  etc. 

For  the  minister  of  foreign  affairs  and  imperial  household, 

M.  Pasetti. 


[Inclosnre  2 — Translation.] 
Principles  ruling  the  extradition  of  criminals  in  Huvganj. 

The  principles  ruling  the  extradition  of  criminals  are  found  partly  in  the 
criminal  laws  and  treaties  concluded  with  foreign  powers,  partly  also  in 
decisions  and  decrees  of  the  minister  of  justice  and  of  courts  of  law,  ren- 
dered in  special  cases,  and  which  have  become  precedents. 

The  provisions  of  treaties  are  imperativelj'  binding  upon  States  with 
whom  such  treaties  have  been  concluded. 

Inconsequence  of  Article  III  of  the  treaty  of  September  20th,  1870,  relat- 
ing to  the  naturalization  of  emigrants,  the  iirovisious  of  the  extradition 
treaty  of  July  3rd,  1856,  between  Austria-Hungary  and  the  United  States 
are  especially  biudiug. 

No  special  law  of  extradition  exists  in  Hungary.  A  few  i^rovisions  gov- 
erning the  same  are  contained  in  the  criminal  laws.  According  to  Article 
V  of  the  law  of  1878,  paragraph  17,  a  Hungarian  subject  can  never  be  sur- 
rendered to  the  authorities  of  a  foreign  state.  Subjects  of  other  parts  of 
the  Empire  can  only  be  surrendered  to  their  own  state  authorities.  Para- 
graph 14  of  Article  XI  of  the  law  of  1879  provides  that  no  extradition  can 
be  granted  for  a  simple  misdemeanor. 

As  regards  civilized  nations,  in  the  case  of  a  demand  for  extradition  where 
no  treaty  exists,  on  the  assurance  of  reciprocity  being  given,  the  general 
rules  as  to  extradition  will  be  applied  as  contained  in  the  treaties  most  re- 
cently negotiated  with  other  states. 

Proceedings  in  matters  of  extradition  are  usually  taken  by  the  courts 
(and  always  when  treaties  so  provide)  on  motion  of  the  attorney-general 
during  the  confinement  of  the  fugitive.  The  judge  then  questions  the 
prisoner  and  carries  on  the  further  official  examination  as  speedily  as  i)rac- 
ticable.  After  the  close  of  the  examination  the  attorney-general  makes  a 
motion  based  on  the  merits  of  the  case  and  the  court  gives  its  decision. 
The  latter  is  officially  submitted  to  the  minister  of  justice,  who,  after  due 
deliberation,  gives  a  final  decision  respecting  extradition. 

This  decision  is  brought  to  the  knowledge  of  the  state  asking  for  extra- 
dition through  diplomatic  channels. 

The  third  report,  made  by  Mr.  Grant,  bears  date  August  16, 
1889,  and  incloses  a  translation  of  a  note  from  the  Austro- 
Hungarian  Ministry  of  Foreign  Affairs,  which  is  as  follows : 

[Inclosure — Translation.] 
Mr.  Pasetti  to  Mr.  Grant. 

Vienna,  August  10,  1889. 
In  the  note  of  February  2,  1889,  the  Imperial  Eoyal  Ministry  of  For- 
eign Atfairs  had  the  honor  of  transmitting  to  the  honorable  Envoy  Extra- 


EXTRADITION.  107 

ordinary  and  Minister  Plenipotentiary  of  the  United  States  of  America, 
Frederick  D.  Grant,  a  collection  of  all  the  laws,  regnlatious,  and  treaties 
governing  the  extradition  of  criminals  in  Anstria-Huugary,  with  the  infor- 
mation that  a  supplement,  furnishing  additional  answers  to  various  ques- 
tions asked,  would  be  sent  as  soon  as  received  from  the  Imperial  Koyal 
ministrj'  of  justice.  The  ministry  of  foreign  alfairs  uow  begs  leave  to  en- 
close herewith  to  the  honorable  Envoy  of  the  United  States  the  informa- 
tion subsequently  obtained. 

The  first  question:  "Does  the  government  extradite  in  the  abseuco  of  a 
conventional  obligation  ?  "  is  answered  in  paragraphs  39,  40,  and  41  of  the 
criminal  law,  according  to  which  the  granting  of  extradition  is  by  no 
means  dependent  upon  the  existence  of  a  treaty  stipulating  the  same. 

In  ca.se  a  treaty  exists  with  a  state,  the  question  depends  upon  its  pro- 
visions, as  there  are  some  treaties  where  it  is  specially  provided  that  extra- 
dition will  be  granted  only  in  case  of  transgressions  specified. 

If  the  treaty  has  no  special  provisions,  the  answer  will  depend  upuu  the 
manner  in  which  paragraphs  31)  and  40  of  the  criminal  law  are  construed. 

Whenever  any  dift'ereuce  of  opinion  has  arisen  upou  this  i)oiut  and  it  has 
been  claimed  that  extradition,  although  not  provided  for  by  a  treaty  with 
the  government  making  the  demand,  should  be  granted,  nevertheless,  under 
paragraph  39  of  the  criminal  code,  the  rule  adopted  has  been  that  the  said 
paragraph  39  is  inapplicable  to  such  cases  within  the  meaning  of  paragraph 
41  of  the  criminal  code,  in  conformity  to  which  procedure  is  regulated 
where  special  treaties  exist  with  foreign  states  for  the  reciprocal  extradi- 
tion of  criminals.  There  exists  no  obligation  to  surrender  crimiuals  to 
states  with  which  no  extradition  treaty  exists. 

This  practice  has  been  followed  constantly  and  for  a  long  number  of 
years  by  the  Imperial  Royal  ministry  of  justice,  w^hich  has  jurisdiction  of 
all  proceedings  connected  with  extradition. 

In  view  of  this  practice  the  next  two  questionfj,2  and  3,  can  be  answered 
only  as  far  as  regards  states  with  which  no  treaty  exists. 

The  second  question:  "Under  what  conditions  will  extradition  bo 
granted  ?  "  is  answered  by  paragraphs  38  and  39  of  the  criminal  law,  under 
paragraph  59  of  the  code  of  criminal  procedure. 

Only  foreiguers  can  be  surrendered.  Persons  who  were  formerly  such, 
and  have  acquired  Austrian  or  Ilniigarian  citizenship  afterwards,  or  after 
committirg  the  crime,  can  not  be  surrendereil. 

Whether  a  penson  can  bo  surrendered,  who  at  the  time  of  tho  perpetra- 
tion of  the  crime  abroad  was  an  Austrian  or  Hungarian  citizen,  and  I»e<amo 
a  foreigner  afterwards,  must  be  regarded  as  an  open  question. 

Extradition  takes  place  only  for  olVeneeH  commit  ted  abroad;  if  the  oll'enco 
was  partly  committed  in  Austria-Hiuigary  no  extradition  is  grant cil. 

If  a -foreigner  lias  committed  high  treason  sigainsl  AiiHtria-HiiiigarN .  or 
has  counterfeited  Austrian  mon<!y  or  Hoeurities,  no  extradition  is  granti-d. 

Extradition  takes  place  only  for  crimes  punihliablo  according  to  tho 
crinunal  law  of  Austria,  but  not  for  sinqile  misdenu'auors  or  transgressions. 
Political  acts  eoniriritted  abroad,  if  not  punisluible  by  tho  criuiiiial  laws  of 
Austria,  can  by  no  means  constitute  ground  for  extradition. 

Extradition  for  iiolitical  offences  or  actions  connected  therewith,  is  reg- 
ularly refused  for  reaaons  stated  inmost  of  tho  extradition  treaties,  al- 


108  EXTEADITION. 

though  the  laws  contaiu  nothing  positive  on  that  point.  An  attemi^t  on  the 
life  of  the  chief  of  a  foreign  state,  or  a  member  of  his  family,  if  constitut- 
ing murder,  assassination,  or  poisoning,  is  not  regarded  as  a  political  crime, 
but  will  be  treated  as  an  act  ^connected  with  sucli  crime. 

The  act  being  liable  to  punishment,  according  to  Austrian  law,  extra- 
dition will  not  be  granted  if  said  punishment,  according  to  Austrian  law, 
has  become  barred  by  statutory  limitation,  or  if  reasons  exist  for  exemp- 
tion from  punishment. 

Although  paragraph  39  of  the  criminal  law  expressly  provides  that  ex- 
tradition is  to  be  made  to  the  state  in  which  the  crime  was  committed,  and 
that  to  this  state  the  preference  is  undoubtedly  to  be  given,  yet  constant 
practice  and  common  consent  permit  the  surrender  to  be  made  also  to  an- 
other state,  provided  tlie  latter  be  competent  to  i^rosecute,  according  to 
the  general  conditions  of  competency,  and  especially  to  that  state  of  which 
the  fugitive  is  subject. 

Paragraph  59  of  the  code  of  criminal  procedure  provides  that  the  for- 
eign authorities,  who  demand  the  extradition,  shall  immediately  or  within 
proper  time,  produce  such  evidence  astbe  accused  at  the  time  of  his  arrest 
could  not  overcome. 

As  regards  the  question:  "Is  reciprocity  required,  or  is  the  matter  in  the 
absolute  discretion  of  the  Government  ?"  it  must  be  observed  that  reci- 
procity iu  the  granting  of  extradition  is  always  expected  ;  that  several  in- 
stances are  known  where,  in  case  of  doubt,  inquiry  was  iirst  made  before 
it  was  granted,  and  that  the  Imperial  Royal  ministry  of  justice  holds  that 
in  the  absence  of  reciprocity,  surrender  is  not  to  be  granted  on  the  ground 
of  general  international  principles. 

The  fourth  and  last  question  is:  "How  is  the  question  ot  extradition 
finally  decided,  and  in  what  form  is  notice  of  the  decision  given  to  the  de- 
manding government?" 

The  first  part  of  the  question  is  fully  answered  in  i^aragrapb  59  of 
the  code  of  criminal  procedure,  the  provisions  of  which  must  be  consulted. 

The  second  part  of  the  question  can  only  be  answered  by  saying  that  no 
certain  rules  exist,  but  that  in  cases  where  diplomatic  requisition  is  de- 
manded the  ministry  of  justice  communicates  through  the  ministry  of  for- 
eign affairs  with  tbe  diplomatic  representative  of  the  Government  which 
demands  extradition,  and  that  in  the  few  rare  instances  where  Austrian 
courts  of  justice  had  to  communicate  directly  with  foreign  authorities, 
it  was  the  duty  of  tbe  court  having  immediate  charge  of  the  extradition 
case  to  inform  the  foreign  authority  of  the  decision. 

The  undersigned  avails,^etc.. 

For  the  minister  of  foreign  affairs. 

M,  Pasetti. 


EXTRADITION.  109 


BELGIUM. 

■  From  Belgium  two  reports  liave  been  received.  The  first, 
dated  January  25, 1889,  is  from  Mr.  Parkliurst.  It  encloses  a 
translation  of  a  note  from  the  Prince  de  Chimay,  minister  for 
foreign  affairs,  of  January  19, 1889,  which  is  as  follows : 

Mr.  MixiSTf:R:  By  letter  of  the  3d  of  this  month,  your  excellency  kindly 
proposed  to  nie  dilierent  rxuestious  concerning  the  practice  of  extradition 
in  Belgium.  I  have  the  honor  to  respond  to  yonr  excelUniey  in  the  order 
that  the  questions  have  been  proposed. 

1.  The  Belgian  Government  does  not  authorize  extradition  except  in 
virtue  of  treaties  concluded  by  application  of  the  law  of  the  15th  March, 
1874 ;  reciprocity  is  a  legal  condition,  and  its  own  citizens  can  never  be  sur- 
rendered. 

•2.  Provisional  arrest  and  detention  are  made  pending  the  reeepiiou  oi  an 
explicit  requisition  for  surrender  ou  the  conditions  in  the  concluded  treaties. 

As  a  principle,  requisitions  must  contain  the  declarations  required  by  the 
treaty  governing  the  case.  The  detention  can  be  maintained  during  1") 
days  if  the  arrest  has  been  demanded  by  a  country  bordering  on  Belgium, 
during  three  weeks  if  the  countrj'  does  not  border  on  Belgium,  during  three 
months  if  the  applying  country  is  out  of  Europe. 

Besides  this,  regard  must  be  had  to  the  conventional  provisions,  which, 
however,  may  not  be  contrary  to  the  law. 

Provisional  arrest  can  be  obtained  upon  telegraphic  information.  Al- 
though most  of  the  conventions  require  that  telegraphic  information  should 
be  transmitted  through  the  diplomatic  channels,  as  a  mailer  of  fact,  the 
judicial  authorities  sometimes  deviate  from  the  rigor  of  the  principles. 

3.  The  warrant  for  provisional  arrest  [article  5  of  the  law  of  !.'>  March, 
1874]  is  issued  by  the  magistrate  of  the  place  of  residence  of  the  individual 
whose  surrender  is  demanded,  or  of  the  jdace  whem  he  may  be  found.  The 
warrant  for  arrest  delivered  by  the  demanding  party  accompanying  the  re- 
quest for  extradition  is  madi;  executory  by  the  chamber  <if  council  of  tliii 
tribunal  of  first  instance.     [Art.  3,  Sec.  2.] 

A  complaint  lodged  bj'an  individual  against  a  foreigner,  fni^itivo  in  Bel- 
gium, can  not  have  the  effect  of  his  extradition  to  the  Government  to  whicli 
he  belongs. 

When  arrest  has  been  made  the  demand  for  extradition  is  expeetmi,  sub- 
ject to  the  dejays  heretofore  indicated. 

4.  The,  di|)lr)malie  and  consular  agents  have,  i<>  Iraiismit  tlu^  diiiiauils 
for  extraflition  to  the  ministry  of  foreign  allairs,  which,  on  its  part,  com- 
municates the  same  immediately  to  the  minister  of  justice.  In  what  con- 
cerns the  other  iioints,  I  take  leave  to  call  the  allonti«)n  of  your  excelleiny 
to  article  3,  sections  3,  4,  .'»,  and  0  of  the  law  of  l.j  March,  1874. 

The  opinion  expressed  .by  the  chamber  of  prosecution  does  not  conclu- 
sively bind  the  Government,  which,  in  sjiite  of  tiiis  opinion,  may  authorize 
the  surrender. 

r>.  The  signature  of  the  foreign  authority  whicli  has  made  authentic  the 
papers  transmitted  in  support  of  the  demand  for  extradition  must  also 


110  EXTRADITION. 

have  been  aiitlieuticated  by  the  representative  of  tlie  foreign  country  iu 
Bflgiiim. 

G.  The  hual  decision  on  the  matter  of  extradition  is  taken  by  the  minis- 
ter of  justice  and  communicated  to  the  foreign  agent  by  the  minister  of 
foreign  affairs. 

7.  This  question  is  legally  resolved  by  articles  5  and  6  of  the  law,  and,  for 
the  most  part,  conventionally. 

8.  The  individual  whose  extradition  has  been  granted  is  delivered  to  the 
foreign  agents  at  the  extreme  frontier. 

In  what  concerns  the  delay  under  which  the  fugitive  must  be  taken  out 
of  the  country,  this  is  regulated  by  the  couA'^entional  dispositions.  The  ex- 
tradition is  made  as  soon  as  possible. 

9.  The  matter  of  transit  is  regulated  by  article  4  of  the  law  of  15  Marcb, 
1674. 

Most  of  the  treaties  concluded  by  Belgium  contain  an  analogous  disposi- 
tion. The  individual  conducted  across  the  country  is  escorted  by  the  Bel- 
gian authorities.  Transit  is  altogether  subordinated  to  the  following  con- 
ditions : 

Ist.  That  a  native  is  not  in  question. 

2nd.  That  prescription  does  not  exist. 

3rd.  That  the  charged  offenses  are  not  of  a  political  character. 

4th.  That  the  requesting  Government  should  produce  a  document  that 
can  serve  to  base  an  ordinary  extradition. 

10.  Belgium  bears  the  exjiense  occasioned  by  the  arrest,  the  detention, 
and  the  carrying  to  the  frontier  of  the  individuals  whose'  surrender  is  de- 
manded. 

The  transit  expenses  of  those  conducted  across  the  Belgian  territory  are 
charged  to  the  State  which  has  demanded  the  transit. 

In  obedience  to  the  desire  expressed  by  your  excellency,  I  have  the  honor 

to  transmit  under  this  cover  three  copies  of  a  pamphlet  containing  all  the 

legal  dis])ositions  relative  to  extradition  and  to  matters  referring  to  the 

same,  also  the  treaties  concluded  by  Belgium.     Your  excellency  will  find 

also  under  this  cover  the  other  treaties  concluded  since  the  jiublication  of 

the  iiamphlet  in  question. 

Please  accept,  etc., 

Le  Prince  de  Chimay. 

[Inclosure. — Translation.] 

Minislry  of  justice. — Extradition  law. 

Leopold  II,  King  of  the  Belgian.s,  to  all  to  whom  these  presents  shall  come, 

greeting : 

The  chambers  have  adopted  and  we  sanction  the  following: 
Article  1.  The  government  may  deliver  up  to  the  governments  of 
foreign  countries,  on  condition  of  reci])rocity,  auy  foreigner  who  is  under 
prosecution  or  accusation,  or  who  has  been  sentenced  by  the  courts  of  said 
countries  as  priucii)al  or  accessory,  for  one  of  the  acts  hereinafter  enu- 
merated committed  within  their  territory: 

1st,  For  assassination,  poisoning,  i)a,rricide,  infanticide,  murder,  violation 
of  the  person. 


EXTRADITIOX.  Ill' 

2(1.  For  arson. 

3d.  For  counterfeiting  of  public  bills  or  bank-notes,  of  public  or  private 
bonds  ;  issuing  or  placing  in  circulation  of  sucli  counterfeit  bills,  notes,  or 
bonds;  forgery  in  documents  or  in  telegraphic  dispatches,  and  use  of  such 
counterfeit  dispatches,  bills,  notes,  or  bouds. 

4th.  For  false  coinage,  including  the  counterfeiting  and  alteration  of 
coins,  the  issuing  and  placing  in  circulation  of  counterfeit  or  altered  coin, 
and  also  frauds  in  the  choice  of  samples  for  tht^  verification  of  the  title 
and  weight  of  coins. 

5th.  For  false  testimony,  and  false  declarations  of  experts  or  iuteri)reters. . 

6th.  For  theft,  swindling,  peculation,  or  embezzlement  committed  by 
public  functionaries. 

7th.  For  fraudulent  bankruptcy,  and  frauds  committed  in  failures. 

ftth.  For  association  of  evil-doers. 

9th.  For  threats  to  commit  such  acts  of  violence  against  the  person  or 
property  as  subject  their  peri^etratov  to  the  penalty  of  death,  compulsory 
labor,  or  rechisiou. 

10th.  For  abortion. 

11th.  For  bigamy. 

1"2.  For  attempts  against  individual  liberty  and  the  inviolability  of  the 
domicil,  committed  by  private  persons. 

l;Jth.  For  kidnapping,  concealment,  withholding,  or  substitution  of  an 
infant. 

14th.  For  exposure  or  abandonment  of  an  infant. 

l")th.  For  kidnapping  of  minors. 

l()th.  For  an  attempt  against  chastity,  with  violence. 

17th.  For  an  attempt  against  chastity,  committed  without  violence,  on 
the  person  or  by  the  aid  of  the  person  of  a  child  of  either  sex  less  than 
fourteen  years  of  age. 

18th.  P'or  an  ott'ense  against  good  morals  by  exciting,  facilitating,  or 
favoring  habitually,  in  order  to  gr.itify  the  passions  of  others,  lewdness  or 
corruption  in  minors  of  eitlicr  nex. 

I'Jth.  For  blows  given  or  wounds  inflicted  voluntarily,  witii  ineincdila- 
tion,  or  having  caust.l  an  ai)parr>nlly   incural)le  malaily,  ixTuiaueut   inc.i 
])acity  for  personal  labor,  loss  of  tiie  full  use  of  an  organ,  ascvcrr  mni  H.if  i.m, 
or  death,  although  caused  uniutentionariy. 

20th.  For  breach  of  trust  and  deception. 

2lHt.  For  subornation  of  witnesses,  experts,  or  interpreters. 

22d.   For  false  swearing. 

2^(1.  For  counterfeiting  of  seals,  stamps,  punches,  and  marks,  uhc  of 
coniitcifcit  se.als,  stamps,  jmnclu-s,  an<l  marks,  and  unlawful  use  ot  genuine 
srals,  sl.'inipH,  i>unches,  and  marks. 

24tli.   For  bribery  of  public  functionaries. 

2r)th.  For  destruction  of  buildings,  steam-engines,  or  telograi)hir  ajipa 
ratu.s,  destruction  or  defacing  of  tombstones,  monuments,  objects  of  art, 
documents  or  other  pajiers,  destruction  or  injury  of  wares,  merclumdise  or 
other  nmvable  property,  and  i))i]ioHif ion  to  the  execution  of  jtublic  works. 

2'ifh.   For  destruction  an<l  devastation  of  harvests,  plants,  trec^s,  or  grafts. 

27th.  For  destruction  f>f  agricultural  instrumeiilH,  <lestrurtiou  or  poison- 
ini'  of  cattle  or  other  animals. 


112  EXTRADITION. 

28tli.  For  abandonnifctit  by  a  captain,  except  in  the  cases  provided  for  by 
law,  of  a  merchant  or  fishing  vessel. 

SDth.  For  running  aground,  loss,  or  destruction  by  the  captain  or  the 
officers  and  crew;  unlawful  appropriation,  by  the  captain  of  a  ship  or  of  a 
merchant  or  fishing  vessel ;  throwing  overboard  or  unnecessary  destruction 
of  tlio  whole  or  any  part  of  the  cargo,  of  the  stores  or  appurtenances  of  the 
vessel;  steering  a  false  course;  unnecessary  borrowing  and  pledging  as 
security  the  vessel  itself,  or  the  stores  or  fixtures  thereof,  the  mortgage  or 
sale  of  goods  or  stores,  or  entry  in  the  accounts  of  fictitious  damages  or  ex- 
•penditures;  sale  of  the  vessel  without  special  authorizatiou,  except  in  the 
case  of  unseaworthiness;  discharge  of  cargo  without  previous  report,  ex- 
cept in  the  case  of  imminent  peril ;  theft  committed  on  board  ;  adulteration 
of  stores  or  goods  committed  on  board  by  the  admixture  of  deleterious  sub- 
stances; attack  ujjon,  or  forcible  and  violent  resistance  to,  the  captain  by 
more  than  one- third  of  the  crew;  refusal  to  obey  the  orders  of  the  captain 
or  officer  in  command,  for  tbe  safety  of  the  vessel  or  cargo,  with  blows  and 
wounds;  plotting  against  the  safety,  the  liberty  or  the  authority  of  the 
captain ;  seizure  of  the  vessel  by  the  seamen  or  passengers  by  fraud  or  vio- 
lence toward  the  captain. 

SOih.  For  receiving  and  concealment  of  goods  obtained  by  means  of  any 
of  the  crimes  or  offenses  provided  for  by  this  law. 

The  attempt,  when  punishable  according  to  the  penal  laws,  is  included 
in  the  foregoing. 

Art.  2.  Nevertheless,  when  the  crime  or  the  offense  giving  rise  to  the 
demand  for  extradition  shall  have  been  committed  outside  of  the  territory 
of  the  party  making  the  demand,  the  government  may  surrender,  on  con- 
dition of  reciprocity,  a  foreigner  who  is  under  prosecution  or  sentence,  in 
cases  in  which  the  Belgian  law  authorizes  prosecution  for  the  same  offenses 
committed  outside  of  the  kingdom. 

Art.  3.  Extradition  shall  be  granted  on  the  production  of  the  original  or 
of  an  authenticated  copy  of  the  sentence  or  writ  of  condemnation,  or  of 
the  order  of  the  council  chamber,  of  the  order  of  the  chamber  of  indict- 
ments, or  of  the  writ  of  criminal  procedure,  issued  by  a  competent  judge, 
formally  decreeing  the  transfer  of  the  accused  to  repressive  jurisdiction. 

It  shall  likewise  be  granted  on  the  production  of  the  warrant  of  arrest,  or 
of  any  other  instrument  having  the  same  force,  issued  by  the  competent 
authority  in  a  foreign  country,  provided  such  instruments  contain  a  pre- 
cise statement  of  the  offense  for  which  they  were  issued,  and  that  they  be 
rendered  executory  by  the  council  chamber  of  the  court  of  first  instance  of 
the  foreigner's  place  of  residence  in  Belgium,  or  of  the  place  where  he  may 
have  bf'cn  found. 

As  soon  as  a  foreigner  shall  have  been  imprisoned,  according  to  one  of 
the  above-mentioned  instruments,  of  the  nature  of  which  he  shall  be  duly 
informed,  the  government  shall  receive  the  opinion  of  the  chamber  of  in- 
dictments of  tlie  court  of  appeals  in  whose  jurisdiction  the  foreigner  shall 
have  been  arrested. 

Tbe  hearing  shall  be  public,  unless  the  foreigner  shall  request  that  it  may 
be  conducted  with  closed  doors. 

The  public  ministry  and  the  foreigner  shall  be  heard.  The  latter  may 
enjoy  the  benefit  of  counsel. 


EXTRADITION.  113 

■Within  a  fortnight  after  the  reception  of  the  documents  they  shall  be  re- 
ferred, vrith  an  opinion  for  which  the  grounds  shall  be  stated,  to  the  minis- 
Ister  of  justice. 

Akt.  4.  Extradition  by  way  of  transit  across  Belgian  territory  may,  nev- 
ertheless, bo  granted  without  having  received  the  opinion  of  the  chamber 
of  indictments,  on  the  simple  production  of  the  original  or  of  an  authenti- 
cated copy  of  one  of  the  instruments  of  procedure  mentioned  in  the  fore- 
going article,  when  it  shall  have  been  requested  for  a  state  with  which 
Belgium  has  a  treaty  comprising  the  offense  which  gives  rise  to  the  demand 
for  extradition,  and  when  it  shall  not  be  interdicted  by  article  6  of  the  law 
of  October  1,  1833,  and  article  7  of  this  law. 

Art.  r>.  In  an  urgent  case,  a  foreigner  may  be  arrested,  provisionally,  in 
Belgium  for  any  of  the  otfenses  mentioned  in  article  1,  on  the  exhibition  of 
a  warrent  of  arrest  issued  by  the  examining  magistrate  of  his  place  of  resi- 
dence or  of  the  place  where  he  may  be  found,  and  based  upon  an  official 
notice  given  to  the  Belgian  authorities  by  the  authorities  of  the  country 
in  which  the  foreigner  shall  have  been  sentenced  or  prosecuted. 

Nevertheless,  in  such  a  case,  he  shall  beset  at  liberty  it,  within  iifteen  days 
from  the  time  of  his  arrest,  when  such  arrest  shall  have  been  made  at  the 
request  of  the  government  of  a  country  bordering  on  Belgium,  and  within 
three  weeks,  if  at  the  request  of  the  government  of  a  distiuit  country,  no 
communication  is  received  of  the  warrant  of  arrest  issued  by  the  competent 
foreign  authorities. 

This  dflay  may  be  extended  to  three  months  if  the  country  making  the 
demand  for  extradition  is  not  in  Europe. 

After  the  order  of  arrest  the  examining  magistrate  is  authorized  to  pro- 
ceed according  to  the  rules  iirescribed  by  articles  87  to  90  of  the  code  ot 
criminal  examination. 

A  foreigner  may  claim  provisional  liberty  in  cases  in  which  a  Belgian 
would  enjoy  such  liberty,  and  on  the  same  conditions.  The  request  shiill 
be  submitted  to  the  council  chamber. 

The  council  chamber  shall  likewise  decide,  after  having  heard  the  Ibr- 
eigner,  whether  it  is  or  is  not  ])roper  to  transmit,  either  in  whole  or  iu  part, 
the  papers  ;ind  other  objects  seized,  to  the  government  making  the  demand 
for  extraditifui.  It  shall  order  the  restoration  of  the  p!ii>ers  and  other  ob- 
jects having  no  direct  connection  with  the  oll'euse  with  which  the  accused 
is  charged,  and,  the  case  arising,  shall  decide  upon  the  claiuisof  third  par- 
ties aj>])earing  as  claimants. 

Art  <).  Treaties  concluded  in  virtue  of  this  law  shall  bo  published  in  the 
Moniteur;  they  can  not  be  put  into  execution  until  after  the  expiration  of 
ten  d.iys  from  lh<'  dale  of  that  journal. 

Art.  7.  Extradition  can  not  l)c  grant<;d,  if,  since  the  commission  of  the 
act  with  which  the  prisoner  stands  charged,  or  since  his  prosecution  or  sen- 
tence, such  a  length  of  tinu;  has  elapsed  that  the  term  of  his  liability  to 
jiuiiishment  lias,  acconliiig  to  the  laws  of  I^elgium,  e.xpired  l»y  liMiitatit>n. 

Akt.  H.  Articlen  •.'  ami  3  of  the  law  of  Dcccimher  30,  1K{(>,  coiicciiiing  the 
repression  of  crimes  and  ofTenMcs  commit  ted  by  Belgians  in  foreign  coun- 
tries, are  a)>]i1irab1r  to  the  olfeiiscH  ]in)vi(li*<l  for  by  Jirtii'li-  I  of  (his  I;iw. 

Al<r.  1).  They  are  likewise,  a[)plic;ilile  to  infract  ions  in  niial  m.itiers  and 
in  matterM  of  forestry  and  (inhing. 

s.  Ex.  r,r,^s 


114  EXTEADITION. 

Art.  10.  A  foreigner  who,  after  having  committed,  outside  of  the  terri- 
tory of  the  kingdom,  one  of  the  offenses  provided  for  by  article  1  of  the  law 
of  December  30,  1830,  and  by  articles  1  and  9  of  this  law,  shall  acquire  or 
recover  the  character  of  a  Belgian  subject,  may,  if  he  be  in  Belgium,  bo 
prosecuted,  tried,  and  punished  there  according  to  the  laws  of  the  king- 
dom, within  the  limits  fixed  by  the  said  law  of  December  30,  1836. 

Art.  11.  Letters  rogatory,  issued  by  the  competent  authorities  of  a  for- 
eign country,  and  requesting  either  a  domiciliary  visit  or  the  seizure  of  the 
corpus  delicti,  or  of  objects  which  will  establish  the  guilt  of  the  accused, 
can  only  be  executed  in  Belgium  for  one  of  the  acts  enumerated  in  article 
1  of  this  law. 

Except  in  the  case  provided  for  by  article  5,  such  letters  shall  first  be 
rendered  executory  by  the  council  chamber  of  the  tribunal  of  first  instance 
of  the  place  where  the  search  and  seizure  are  to  be  made. 

The  council  chamber  shall  likewise  decide  whether  it  is  proper  to  trans- 
mit, in  whole  or  in  part,  the  papers  and  other  articles  seized  to  the  gov- 
ernment making  the  demand. 

It  shall  order  the  restoration  of  the  papers  or  other  articles  having  no 
direct  connection  with  the  offense  with  which  the  accused  stands  charged, 
and  shall  decide  the  case  arising  upon  the  claim  of  any  third  parties  who 
may  appear  as  cLi-imants. 

Art.  12.  The  law  of  April  5,  1868,  that  of  June  1,  1870,  together  with  all 
the  provisions  of  the  law  of  October  1,  1833,  with  the  exception  of  article 
6,  are  hereby  repealed. 

The  words  "according  to  the  laws  of  April  5,  1868,  and  of  June  1,  1870," 
shall  be  stricken  out  of  article  1  of  the  law  of  July  17,  1871,  in  relation  to 
foreigners. 

We  promulgate  this  law,  and  order  that  the  seal  of  the  state  be  affixed 

to  it,  and  that  it  be  published  in  the  Moniteur. 

Done  at  Brussels,  March  15,  1874. 

Leopold. 

By  the  King: 

T.  DE  Lantsheere, 

Minister  of  Justice. 

Sealed  with  the  seal  of  the  state. 

T.  DE  Lantsheere, 

Minister  of  Justice. 

The  second  report,  dated  July  13, 1889,  from  Mr.  Terrell,  con- 
tains the  following  enclosure: 

[Translation.] 

Laiv  making  modifications  in  the  law  of  extradition. 

Leopold  II,  King  of  the  Belgians,  to  all  present  and  to  come,  greeting: 

The  Chambers  have  adopted  and  we  sanction  the  following: 

Art.  I.  The  section  2  of  article  5  of  the  law  of  the  15th  of  March,  1874, 

is  modified  as  follows: 

"  However,  in  that  case,  he"  (referring  to  the  party  arrested)  "will  be  set 

at  liberty  if,  within  the  delay  of  three  weeks  dating  from  his  arrest,  he  does 

not  receive  communication  of  the  warrant  of  arrest  delivered  by  the  com- 

jjetent  foreign  authority." 


EXTRADITION.  115 

Art.  II.  The  following  provision  will  be  inserted  after  article  5  of  the 
aforesaid  law,  and  will  fo»m  article  5  iis : 

"  "When  the  foreigner  reclaimed  is  fonnd  on  a  Belgian  vessel  which  has 
left  the  territorial  waters,  the  investigating  judge  of  the  district  to  which 
the  port  of  departure  belongs  may  issue  the  provisional  warrant  of  arrest 
provided  for  by  section  1  of  the  preceding  article,  and  take,  with  the  au- 
thorization of  the  minister  of  justice,  the  necessary  steps  in  order  that  the 
existence  of  the  warrant  may  be  brought  to  the  knowledge  of  the  captain, 
either  directly  or  by  means  of  a  consul." 

"  After  receipt  of  this  notice  the  individual  reclaimed  will  remain  under 
arrest  on  board  until  the  return  of  the  vessel  or  until  the  meeting  with 
another  Belgian  vesse',  which  will  take  him  on  the  same  conditions,  with- 
out prejudice  of  the  power  inscribed  in  article  47  of  the  law  of  June  21, 

1849. 

"Mention  will  be  made  of  all  this  on  the  log  book  on  board"  (ship's 
journal). 

"The  delay  prescribed  by  section  2  of  article 5  aforesaid  will  take  date, 
in  that  case,  at  the  moment  that  the  foreigner  shall  have  been  imprisoned 
in  one  of  the  state  prisons." 

We  promulgate  the  present  law  and  order  that  the  seal  of  state  be  affixed, 
and  that  it  will  bo  published  by  the  Moniteur. 

Given  at  Laeken,  June  28,  1889. 

Leopold. 

By  the  King : 

The  minister  of  justice, 

Jules  Le  Jeune. 

Sealed  with  the  seal  of  state. 
The  minister  of  justice, 

Jules  Le  Jeunk. 

On  Marcli  22,  1874,  the  minister  of  tlie  United  States  at 
Brussels  transmitted  to  the  Department  a  report*  on  the  law 
of  March  15,  1874,  by  the  Belgian'  commission  charjjcd  with 
the  examination  of  the  question  of  extradition.  This  report  is 
as  follows : 

EXTHAPrriOX. 

Report  made  on  behalf  of  the  Central  Section,\  by  M.  Woutira. 

[SfSHion  of  February  20,  1874.] 

ITrniiHlation.] 

Gkntlkmkn:  LeglHlatiou  with  regard  to  extradition,  after  having  long 
constituted  an  txceptinnal  luaiich,  entered  tome  yeitra  bince  into  tlio  do- 
main of  common  law. 


"  Printed  in  Foreign  RelatiopH,  1874.  pp.  Jitt-rt;). 

t  The  central  section,  i»roMided  over  by  M.  Sehollaerf,  was  composed  of 
MesHrM.  Santkiu,  Leiebvre,  Van  iHcglicm,  P«ty  dc  Thozde,  WouterH,  and 
BietMiyck. 


116  EXTRADITION. 

The  onward  march  of  civilization,  the  wonderful  inventions  of  modern 
times,  and  the  modifications  which  have  almc^t  everywhere  been  intro- 
duced in  penal  procedure,  are  the  principal  causes  to  which  this  state  of 
things  is  fo  be  attributed. 

As  nations  have  extended  and  multiplied  their  relations,  they  have  real- 
ized the  necessity  of  mutually  aiding  each  other  in  the  repression  of  offenses 
against  the  laws  of  universal  morality  and  justice. 

Belgium  has  not  remained  behind  in  this  movement. 

The  law  of  1833  was  only  of  a  provisional  character,  and  required  numer- 
ous improvements.  These  were  made  in  1868.  We  will  briefly  state  what 
they  were: 

The  number  of  acts  rendering  their  perpetrator  liable  to  extradition, 
which  were  only  a  few  offenses  of  exceptional  gravity,  has  been  extended 
to  all  offenses  in  common  law  which  are  provided  for  and  made  punishable 
by  the  penal  laws  of  civilized  nations. 

To  the  sentence  of  condemnation  and  the  order  of  the  chamber  of  indict- 
ments the  law  of  1808  assimilated  the  writ  of  transfer  from  the  council 
chamber  and  the  instrument  of  criminal  procedure  issued  by  a  competent 
judge,  decreeing  formally,  or  causing,  with  full  authority,  the  transfer  of 
the  party  accused  to  a  court  of  repressive  jurisdiction. 

The  above  was  uot  the  only  modification  made  in  the  law. 
According  to  the  law  of  1833,  when  the  transit  of  a  criminal  through 
Belgium  was  asked  for  by  a  government  having  an  extradition  treaty  with 
our  country,  such  passage  could  only  be  granted  by  an  observance  of  all 
the  formalities  required  fo:-  extradition  itself.  The  bill  passed  by  the 
chambers  in  1868  required  only  the  production  of  the  document  serving  as 
the  basis  of  the  extradition,  without  requiring  in  anything  else  notice  from 
the  chamber  of  indictments. 

A  no  less  important  provision  was  introduced  by  article  4,  which,  in  order 
to  secure  the  prompt  and  efficient  repression  of  crimes  and  offenses,  permits 
the  provisional  arrest  of  a  foreigner,  in  an  urgent  case,  on  the  exhibition  of 
a  warrant  of  arrest  issued  by  the  examining  magistrate  of  the  place  of  his 
residence,  or  of  the  place  wherg  he  maybe  found,  based  upon  official  notice 
given  to  the  Belgian  authorities  by  the  authorities  of  the  territory  in  which 
the  crime  or  the  offense  shall  have  been  committed. 

The  law  of  1868,  moreover,  rendered  applicable  to  the  offenses  provided 
for  in  the  first  article,  articles  2  and  3  of  the  law  of  December  30,  1836,  con- 
cerning the  repression  of  crimes  and  offenses  committed  by  Belgians  in 
other  countries,  and  the  law  of  July?,  1865,  concerning  foreigners. 

Finally,  it  provided  for  the  ijublicity  of  hearings  before  the  chamber  of 
indictments,  and  granted  to  foreigners  the  privilege  of  defense  by  counsel. 

This  reform,  which  we  have  thought  proper  to  mention  here  for  the  pur- 
yose  of  better  fixing  the  sense  of  the  new  provisions,  was  sanctioned  by 
tbe  almost  unanimous  vote  of  the  chamber  and  of  the  senate,  and  ratified 
by  tbe  general  sentiment  of  the  country. 

Seveval  more  steps  still  remain  to  be  taken  in  this  path,  and  they  form 
the  object  of  the  bill  submitted  to  your  consideration. 

It  is  to  be  remarked,  this  bill  leaves  previous  legislation  on  the  same  sub- 
ject intact  in  all  iU  essential  parts.  It  merely  introduces  some  improve- 
ments the  propriety  and  utility  of  which  have  been  demonstrated  by  ex- 
perience. 


EXTRADITION.  117 

EXAMINATION   OF   THE   SECTIONS. 

The  1st,  2fl,  3d,  4tb,  and  5th  sections  voted  for  the  l)ill  nnanimously  ;  in 
the  6th  section  it  was  adopted,  three  members  voting  for  it  and  two  not 
voting. 

In  the  third  section  a  member  asked  if  No.  3  of  the  1st  article  of  the  bill 
included  letters  of  credit  and  postage-stamps. 

The  same  member  requested  the  government  to  explain  itself  in  regard 
to  the  generic  term  deception,  inserted  in  No.  20  of  article  1st. 

lu  the  Gth  section,  one  member,  referring  to  the  3d  article  of  the  bill, 
pointed  out  several  objections  to  granting  extradition  on  the  production  of 
a  warrant  of  arrest.  He  thought  it  preferable  to  leave  existing  legislation 
on  this  point  unchanged. 

EXAMINATION   IN  THE   CENTRAL   SECTION. 

The  general  discussion  was  opened  and  closed  without  observation. 

In  article  lirst  the  section  instructed  its  reporter  to  ask  the  minister  of 
justice  for  the  explanations  desired  by  the  third  section. 

A  member  desiring  to  know  why  No.  12  of  article  first  is  only  applicable 
to  attempts  against  individual  liberty,  committed  by  private  persons,  and 
should  not  be  applied  to  the  same  acts  committed  by  agents  of  the  public 
authorities,  the  section  decided  that  a  question  in  this  sense  should  bo 
addressed  to  the  government. 

In  transmitting  to  him  the  replies  to  these  various  questious,  the  minister 
of  justice  requested  the  reporter  to  remark  to  the  central  section  that  they 
do  not  relate  to  the  modifications  which  it  is  designed  to  introduce  by  the 
bill  into  the  present  law. 

The  minister  said  that  the  chamber  would  doubtless  think,  as  did  the 
government,  that  it  was  important  to  alter  the  text  of  the  existing  law  as 
little  as  possible,  so  as  to  avoid  a  troublesome  perturbation  in  jurisjiru- 
dence  and  in  the  interpretation  of  international  qonventious. 

The  minister  added  that  ho  had,  to  this  end,  caused  the  changes  which 
seemed  desirable  in  the  law  passed  six  years  previously  in  relaliou  to  the 
matter  under  discussion  to  be  printed  in  italic  letters  in  the  bill. 

The  central  section  shared  this  view. 

It  is  impDitaiit  to  observe,  while  on  this  subject,  tli.u  ilic,  ii^t  of  offcuses 
provided  for  in  article  1  of  the  law  of  I8(W  receives  no  additions  l>y  the  bill 
under  discussion.  In  including  the  receiving  of  stolen  goods  an<l  assaults 
aud  wounds  wiiich  have  caused  serious  mutilation  the  liill  only  makes  good 
an  omission,  the  lause  of  which  is  pointed  out  in  tiie  stat<!tnent  of  motives. 

It  seemed  i)roper  expressly  to  mention  complicity  and  the  attempt  to 
commit  crime,  which,  in  tlie  practice  of  courts  of  aiijteal,  have  always  been 
( onsidored  as  being  understood,  by  implication,  in  the  terins  of  the  law  of 
Ir'.VA  and  that  of  1808,  and  have  l)een  mentioned  since  the  latter  date  in  all 
treaties  made  in  accordance  with  that  law. 

The  new  article  2,  which  jirovides  that,  when  tliecrlnu'  or  ollense  giving 
rise  to  a  demand  for  extradition  shall  have  been  committ<'d  outside  of  the 
territory  of  the  party  making  the  demand,  the  government  may  deliver 
uj),  on  condition  of  reciprocity,  a  foreigner  who  is  under  i)rr)He<ntion,  or 
who  has  been  sentenced,  in  cases  in  which  tlit!  lielgian  law  authorizes  pros- 


118  EXTRADITION. 

eciitiou  for  the  same  offenses  comtnitted  outside  of  the  kiup;doin,  was  met 
with  no  objection  on  the  part  of  the  central  section.  That  section  thought 
that  this  provision  supplied  an  important  desideratum  in  the  law,  and  that 
ample  reasous  for  its  existence  were  given  in  the  statement  of  motives. 

A  Belgian  might  happen  to  bo  condemned  in  contumaciam  in  Belgium  for 
a  crime  provided  for  by  article  5  of  the  code  of  criminal  examination,  and 
then  might  cause  scandal  by  coming  to  make  a  parade  of  his  impunity  on 
our  frontiers,  without  fear  of  being  disturbed  or  delivered  up  on  account 
of  an  act  committed  outside  of  our  territory. 

Everybody  admits  that  the  law  can  not  tolerate  such  a  Ihing, 

Nevertheless,  in  order  to  prevent  certain  countries  from  unduly  extend- 
ing their  jurisdiction  in  foreign  countries,  and  thus  removing  persons 
whose  extradition  is  desired  by  them  from  the  jurisdiction  of  their  natural 
judges,  the  bill  wisely  provides  that  the  goverument  shall  not  surrender, 
on  condition  of  reciprocity,  a  foreigner  who  is  under  prosecution  or  who 
has  been  sentenced,  save  in  cases  in  which  the  Belgian  law  authorizes 
prosecution  for  the  same  offenses  committed  outside  of  the  kingdom.  By 
reason  of  this  restriction,  which  is  formally  stated  in  the  law,  the  measure 
*  introduced  can  present  no  inconvenience. 

With  regard  to  article  3,  a  member  fhade  the  same  observations  that 
were  made  in  the  6th  section. 

A  warrant  of  arrest  seemed  to  him  to  be  too  summary  a  document  to 
authorize  extradition.  He  feared  that  this  mode  of  proceeding  might  bring 
about  abuses.  It  was  better,  he  thought,  to  continue  to  require  a  previous 
examination  in  a  foreign  country. 

This  opinion  was  not  shared  by  the  section. 

The  measure  whose  adoption  was  proposed  by  the  bill  seemed  to  it  to  be 
supported  by  the  strongest  grouuds. 

Let  us  observe  in  the  first  place,  that  it  has  been  adopted  in  the  treaties 
of  all  countries  successively,  save  those  which  have  been  concluded  by 
Belgium  and  the  Grand  Duchy  of  Luxemburg,  and  this  constant  and  almost 
universal  practice  has  given  rise  to  no  inconvenience.  It  is  readily  seen 
that  the  exceptional  position  in  which  we  are  placed  in  this  respect  must 
be  damaging  to  our  relations  with  foreign  governments,  since  it  does  not 
permit  us  to  offer  a  reciprocity  founded  upon  broader  bases,  such  as  is  gen- 
erally admitted  in  the  conclusion  of  international  arrangements  in  relation 
to  extradition. 

Considered  in  itself,  the  proposed  measure  offers  very  great  advantages, 
which  we  will  succinctly  examine. 

Its  first  effect  will  be  to  exert  a  decisive  influence  upon  the  speediness 
of  the  proceedings. 

It  must  be  admitted  that  a  preparatory  examination  in  the  absence  of  the 
party  accused,  so  that  he  can  not  be  confronted  with  his  accomplices  or  with 
the  witnesses,  is  necessarily  incomplete  and  defective. 

Moreover,  in  the  case  of  an  arrest  in  ^  foreign  country,  it  being  neces- 
sary that  the  decision  for  the  transfer  to  a  competent  judge  be  produced 
within  two  months,  the  examining  magistrate  must  confine  himself  to  an 
investigation  which  is  too  often  imperfect  and  inconclusive  as  to  the  facts 
of  the  case. 


EXTRADITIOX.  119 

The  case  rnns  the  risk,  therefore,  of  heing  delivered  over  to  the  hazards 
of  a  hearing,  without  having  heen  either  matured  or  elucidated. 

The  i.  conveuit'uce  is  especially  apparent  in  criminal  u'atters,  in  ^Yhich 
the  intervention  of  the  council-chamber  is  not  sufficient,  and  in  which  the 
court  must,  in  its  turn,  pronounce  sentence  within  the  allotted  time. 

The  interest  of  the  £ccused  is  here  identical  with  that  of  the  prosecution. 

Is  it  not  evident  that  an  examination  held  iu  his  absence,  when  he  can 
produce  no  evidence  in  his  own  behalf,  must  result,  iu  an  order  for  the  trans- 
fer of  the  accused  to  a  competent  court,  and  that  it  can  have  no  other 
efloct  than  to  prolong  his  detention  without  any  benelit  to  him? 

Besides,  it  frequently  happens  that  the  accused  asks  to  be  delivered  up 
to  justice  in  his  own  country  without  delay,  without  waiting  to  go  through 
the  formalities  of  extradition,  although  he  is  then  obliged  to  renotxuce  the 
immunities  which  are  secured  to  him  by  law  and  treaty. 

Henceforth  this  will  not  be  the  case  ;  he  will  be  present  himself  through- 
out the  examination,  will  choose  a  defender  to  aid  him  iu  refuting  the 
charges  made  against  him,  and  that  without  being  deprived  of  any  of  the 
guarantees  provided  by  article  6  of  the  law  of  December  1, 1833,  which  was 
k<'i)t  in  force  by  the  law  of  1868. 

Let  us  not  lose  sight  of  the  fact  that  our  organic  extradition  law  was  en- 
acted that  we  might  conclude  treaties  with  all  civilized  nations,  and  not 
only  with  countries  whose  forms  of  procedure  are  the  same  as  our  own. 

In  order  to  obviate  the  difficulties  which  might  have  arisen  from  the  dif- 
ference in  the  manner  of  organization  of  the  repressive  tribunals  of  foreign 
countries  and  those  of  Belgium,  the  law  of  1868  assimilated  to  the  writ  of 
transfer  from  the  council-chamber  and  to  the  order  of  the  chamber  of  in- 
dictments the  corresponding  writ  of  a  foreign  criminal  court. 

It  was  evidently  impossible  precisely  to  define  these  documents;  a  rule, 
^^hich  permitted  no  deviation  from  it,  was  that  they  were  to  be  the  last  in- 
strument of  preparatory  procedure  trausfening  the  accused  to  the  juris- 
diction of  his  final  judges. 

But  how  is  it  to  be  determined  whether  the  foreign  document  i»o8SC8ses 
this  character,  and  wln^ther  no  intiTuuHliatc;  instrument  is  to  come  betweon 
llir  warrant  of  arrest  ami  tlic  appearain-c  of  Ili<'  accused  before  (he  judgt- 
who  is  to  ])Uiiish  or  acquit  him  T 

What  shall  wo  say  especially  of  the  English  and  Auicricau  warrantsf 
Can  we  recognize  lliem  as  really  possessing  Ihe  character  wliivli  the  law  re- 
quires? What  shall  we  decide  as  regards  the  order  for  Eroffining  der  Un- 
ttmucliung,  which  is  a  part  of  the  German  procedure,  the  auto  dv,  prmon  of 
thi^  Spanisli  laws,  &c.  ?  These  documents  daily  give  rise  to  dilliculiios  to 
which  thf  measure  projiosi-d  by  the  bill  would  put  an  end,  and  wliich  are 
now  the  only  obstacle  to  the  conclusion  of  an  extradi<<io!i  treaty  with  the 
United  Slates,  which  connfry  Iuih  been  the  ]dac(M)r  refuge  for  the  majority 
of  Ihe  great  criminals  who  for  soiih-  yiars  jiast  luive  I'scaped  from  juNlicc 
in  Belgium.  The  United  States  have  inscribijd  in  tluur  laws  I  lie  principle 
of  the  presence  of  the  accused  at  every  stage  of  his  examination. 

The  extradition  on  a  warrant  of  airost  Ih,  moreover,  readily  retuiicilable 
with  the  new  provisions  of  the  bill  for  precautionary  detention,  which  has 
been  viewed  with  such  marked  favor  by  public  opinion. 


I'-O  EXTRADITION. 

It  may  even  be  said  that  it  is  the  corollary  and  the  necessary  condition 
of  the  passage  of  this  bill. 

For  if  the  legislator  steps  aside  in  this  matter  from  the  rigor  of  our  penal 
procedure,  if  he  leaves  the  accused  party,  who  is  presumed  to  be  guilty, 
provisionally  at  liberty,  this  is  done  with  the  moral  certainty  that  he  will 
appear  to  answer  the  charge  made  against  him.  If  he  abuses  the  confi- 
dence of  the  examining  magistrate  by  crossing  the  frontier,  he  must  be  re- 
stored, as  speedily  as  possible,  to  his  natural  judges,  without  necessity  of 
having  recourse  to  all  the  formalities  of  a  preparatory  examination,  the 
least  inconvenience  of  which  is  that  it  is  sometimes  accompanied  with  de- 
lays which  are  incompatible  with  a  proper  administration  of  justice. 

It  is  to  be  remarked  that  the  new  guarantees  contained  in  the  bill  which 
was  introduced  on  the  20th  of  January  last  are  to  be  applicable  to  a  Belgian 
surrendered  by  extradition  for  trial  by  the  courts  of  his  country. 

Thus,  immediately  after  his  examination,  he  may  communicate  with  his 
counsel.  (Art.  3.)  Thus  also,  within  five  days  after  the  examination,  the 
maintenance  of  the  warrant  of  arrest  will  be  made  subject  to  confirmation 
by  the  council-chamber.     (Art.  4.) 

The  case  is  the  same  with  the  guarantees  provided  in  the  following  arti- 
cles, tue  benefits  of  which  can  not  be  denied  him. 

And  let  it  not  be  said  that  a  warrant  of  arrest  is  too  summary  a  docu- 
ment, and  that  it  does  not  jjermit  the  chamber  of  indictments  to  base  its 
judgment  upon  sufficient  information.  This  objection  would  seem  more 
valid  if  Belgian  judges  had  to  decide  concerning  the  guilt  of  accused  parties 
whose  extradition  was  demanded  by  foreign  governments.  This  is  no  part 
of  their  duty;  all  that  they  have  to  do  is  to  examiue  whether  the  oBfense 
with  wkich  the  accused  is  charged  in  the  document  produced,  be  it  a  war- 
rant of  arrest,  writ  of  transfer,  indictment,  or  sentence,  is  provided  for  and 
made  punishable  by  our  laws,  and  whether  it  is  among  the  offenses  enu- 
erated  in  the  extradition  treaty. 

A  warrant  of  arrest  not  containing  these  indications  would  be  irregular, 
and  could  not  be  accepted. 

Let  us  observe,  finally,  that  the  introduction  of  this  measure  in  nowise 
impairs  the  guarantees  provided  by  the  laws  of  1833  and  1868. 

Thus  the  warrant  of  arrest  will  first  be  rendered  executory  by  the  coun- 
cil-chamber; the  session  of  the  chamber  of  indictments,  when  the  latter 
is  called  upon  to  give  its  opinion,  is  to  be  public,  and  a  foreigner  may 
enjoy  the  benefit  of  counsel. 

All  these  guarantees  must  evidently  remove  all  fear  of  an  arbitrary  or  ex- 
aggerated enforcement  of  the  law. 

The  provision  of  article  4  of  the  bill  was  adopted  by  the  section  without 
debate. 

The  framer  of  the  law  of  1833  thought  little  about  the  transit  question, 
and  this  is  not  at  all  strange  ;  extradition  was  then  considered  as  a  meas- 
ure of  exceptional  gravity,  principally  confined  to  countries  bordering  upon 
each  other.  Since  that  time  the  principle  has  become  general  as  the  rela- 
tions of  nations  have  become  extended,  andthenumber  of  treaties  has  been 
greatly  increased. 

Of  the  nineteen  conventions  which  Belgium  has  with  other  countries, 
only  four  are  with  countries  bordering  upon  her  ;  in  the  case  of  most  of  the 
others  transit  has  become  a  necessity. 


EXTRADITION.  i21 

It  was  therefore  a  necessity  that  the  formalities  prescribed  by  our  laws 
in  this  matter  should  be  simplified  in  certaiu  respects. 

Transit  can  not  be  cousidfved  as  a  real  extraditiou,  nor  can  a  foreiifner 
who  thus  passes  through  our  country  by  compulsiou  be  compared  to  one 
who  comes  of  his  own  accord  to  seek  an  asylum  there  under  the  aegis  of  its 
laws. 

To  prevent  his  passage  through  our  territory  would  be  opposing  a  simple 
measure  of  execution,  without  any  benefit  to  the  foreigner  ;  it  would  cause 
long  and  costly  delays,  and  would  subject  our  country  to  inevitable 
reprisals. 

Belgium  was  therefore  deeply  interested  in  the  adoption  of  a  mode  of 
procedure  which  should  be  free  from  these  difficulties  and  delays.  The 
law  of  1868  provided  for  such  a  mode  in  its  third  article,  and  the  new  bill 
only  suppleuients  that  provision. 

The  iiroposition  to  increase  from  ten  to  fifteen  days  the  duration  of  the 
provisional  arrest  in  the  case  of  a  country  bordering  upon  our  own,  and 
the  authorization  to  extend  this  time  to  three  mouths  in  the  case  of  coun- 
tries not  in  Europe,  did  not  form  a  subject  of  discussion  in  the  section ;  the 
reasons  for  this  change  are  given  in  the  statement  of  motives,  and  justify  it 
in  all  points. 

A  final  improvement  is  introduced  in  article  12  (new)  of  the  bill.  It  au- 
thorizes compliance  with  letters  rogatory  issued  by  competent  authorities 
in  foreign  countries,  and  asking  either  for  a  domiciliary  visit  or  the  seizure 
of  the  corpus  delicti  or  documents  which  can  convict  the  accused,  in  the  case 
of  one  of  the  acts  enumerated  in  the  first  article  of  this  law. 

The  need  of  this  improvement  had  long  been  felt;  the  legitimate  com- 
plaints made  in  consequence  of  damage  done  to  commercial  aud  industrial 
interests  rendered  it  very  necessary, 

Various  requests  from  our  judicial  authorities,  asking  that  domiciliary 
visits  and  seizures  might  be  made  in  other  countries,  have  neci'ssarily  re- 
mained unexecuted,  on  account  of  the  inability  of  our  Government  to  grant 
reciprocity  when  similar  requests  were  addressed  to  it  by  those  countries. 

Our  constitution  declares  that  a  man's  dcmiicil  is  inviolable,  and  per- 
mits a  deviation  from  this  principle  only  in  the  cases  provided  for  by  the 
law  and  in  the  form  which  the  law  establislitrs. 

No.  4  of  article  5  of  the  law  of  186'rl  authorizes,  it  is  true,  the  examining 
magistrate  to  proceed  in  acconlance  with  the  rules  prescrilicd  by  ail  idea 
87  to  W  of  the  code  of  criminal  exatniuation,  but  this  article  is  mit  appli- 
cable in  the  matter  in  question,  in  which  it  is  necessary  to  proceed  to  iho 
visit  aud  seizure,  indepeudeutly  of  any  demand  for  extraditiou. 

It  was  therefore  proper  to  extend  the  exception  somewhat. 

Belgium  is  interested  therein  in  the  same  way  as  fonrigu  powers,  for  it 
frerjiiently  hapjiens  that  an  accused  peison  takes  advantage  «)f  the  timo 
whifh  preceded  bin  .arrest  and  sends  his  papers  and  (;orriH|(()nd((nce  across 
tlie  frontier,  such  jtapers  being  all  I  bat  can  establisii  the  evidence  of  liis 
guilt  and  render  the  examination  satisfactory. 

In  reality,  the  seizure  of  enilxv./.b'd  articles  or  of  (lociiuieiitH  wliicli  ('.'m 
convict  is,  as  reniarke<l  in  th<!  statement  of  motives,  but  a  kind  of  nial<-riaL 
extraditiou,  which  is  based  upon  the  sumo  principles  as  the  surrender  of  tbo 
accused. 


122  EXTRADITION. 

Bnt,  iu  the  same  manner  as  extradition,  the  execution  of  letters  rogatory 
requesting  floiuiciliary  visits  and  seizures  must  be  surrounded  by  strong 
guiirautces,  designed  to  protect  the  domiciles  of  Belgian  citizens  from  in- 
discreet and  unwarranted  search. 

The  first  of  these  guarantees  should  be  to  restrict  the  execution  of  let- 
ters rogatory  iu  snch  matters  to  those  cases  in  which  the  law  allows  extra- 
dition to  be  granted. 

There  will  then  be  no  danger  of  search  in  political  matters  or  in  matters  in 
■which  the  press  is  concerned;  nor  will  there  be  any  in  fiscal  matters  and 
others  not  siiecially  provided  for. 

A  second  guarantee  inserted  in  the  bill  is  the  following :  Letters  roga- 
tory from  a  foreign  country  must  be  rendered  executory  by  the  council 
chamber  of  the  tribunal  of  first  instance  of  the  place  where  the  search  and 
seizure  are  to  be  made. 

A  doubt  arose  in  the  central  section  in  regard  to  the  proper  interpreta- 
tion of  No.  5  of  article  12. 

The  following  is  the  reply  of  the  minister  of  justice  to  the  inquiry  ad- 
dressed to  him  on  this  subject : 

"  The  provision  of  the  concluding  portion  of  article  12  (bill)  can  by  no 
means  result  In  investing  the  council  chamber  with  the  right  to  decide  civil 
snits  in  cases  iu  which  the  ownership  of  articles  is  claimed  by  a  third  party. 
The  functions  of  the  council  chamber  are  in  such  cases  purely  conservative. 
It  being  its  duty  only  to  order  the  surrender  of  the  articles  seized  to  the 
foreign  government,  it  has  no  other  right  except  to  refuse  such  surrender 
when  third  parties  holding  the  articles,  or  others,  such  as  unpaid  hotel- 
keepers  or  tradesmen,  are  interested  in  having  the  seized  articles  prevented 
from  crossing  the  frontier. 

"  The  action  of  civil  justice  naturally  remains  reserved  in  this  case,  as 
in  the  one  provided  for  in  tl^e  Gth  paragraph  of  article  5  of  the  law  of  1868. 
The  mention  of  the  third  parties  appearing  as  claimants  was  only  inserted 
in  the  bill  for  the  purpose  of  formally  enabling  them  to  oppose,  before  the 
council  chamber,  the  sending  of  the  articles  to  a  foreign  country." 

This  letter  having  been  read  to  the  section,  a  member  i>roposed  to  extend 
to  the  6th  paragraph  of  article  5  of  the  bill  the  provision  of  the  concluding 
portion  of  the  12th  article.  This  addition  to  the  text  of  article  5,  being 
recommended  by  the  same  considerations  as  those  just  stated,  was  approved. 

The  bill  was  passed  by  the  central  section,  all  tlie  members  present  voting 
in  its  favor. 

SCHOLLAERT, 

Chairman. 
Ed.  Wouters, 

,  Reporter. 

APPENDIX. 

Questions  asled  hy  the  central  section. — 1st.  Does  No.  3  of  article  1  of  the 
bill  include  letters  of  credit  and  postage-stamps? 

ReiAies  of  the  minister  of  justice. — "  Ist.  Article  1,  No.  3,  of  the  bill,  rejiro- 
ducing  the  text  of  the  corresponding  provision  of  the  law  of  April  h,  1868, 
is  api)licable,  as  is  that  provision,  to  forgeries  committed  in  letters  of  credit, 
wliich  is  evidently  comprised  in  the  terms  of  articles  196  and  197  of  the 
penal  code,  which  are  referred  to  by  No.  3,  and  which  iirovide  for  the  pun- 


EXTRADITIOX.  123 

ishnient  of  the  crime  of  forgery  and  the  use  of  forgeries  which  have  heen 
committed  in  commercial  papers  or  blank  checks  or  in  private  letters.  (See  Par- 
liamentary d>cunionts,  1867-'(i8,  Appendix  to  No.  7G.) 

'•As  to  the  counterfeiting  of  postage-stamps,'  it  is  comprised  not  only  in 
No.  3  but  also  in  No.  23  of  article  1.  The  text  thereof  is  identical  with  that 
of  the  law  of  April  5,  1868,  which  refers  to  articles  188  and  189  of  the  penal 
code,  which  provide  for  the  punishment  of  the  crime  of  connterfeiting  post- 
age-stamps and  other  adhesive  stamps,  and  the  use  of  such  counterfeit 
stamps." 

2d.  Why  does  No.  12  of  article  1  only  apply  to  attempts  against  individual 
liberty  committed  by  private  persons,  without  referring  to  the  same  acts 
committed  by  the  agents  of  public  authority? 

'•  No.  12  of  article  1  confines  itself  in  the  new  law,  ;is  in  ilic  law  of  18(J8, 
to  attempts  against  individual  liberty  committed  by  jirivate  iiersons,  and 
provided  for  bj'  articles  434-442  of  the  penal  code,  because  the  same  acts 
committed  by  agents  of  the  public  authority  are  included  among  crimes 
and  offenses  against  the  rights  guaranteed  by  the  constitution  (Title  II, 
arts.  147  and  148  of  the  penal  code),  and  because  crimes  of  this  kind  migh', 
under  certain  circumstances,  be  of  a  political  character." 

3d.  What  is  the  precise  meaning  of  the  word  deception  in  No.  20  of  the  bill  f 

"  3d.  The  precise  meaning  of  the  word  deception  in  No.  20  of  the  bill  is  de- 
termined by  the  reference  made  by  the  law  of  18G8,  same  number,  to  articles 
49W-.')U1  of  the  penal  code.  This  word,  therefoj'c,  includes  deception  prac- 
ticed in  regard  to  the  identitj',  nature,  origin,  and  quantity  of  things  sold, 
as  well  as  the  adulteration  of  articles  of  food." 

Amendment  made  by  the  central  section: 

Art.  r>,  at  the  end.  "And  shall  decide  the  case  arising  n]ion  the  claims  of 
third  parties  appearing  as  claimants.  ' 


BRAZIT^. 


On  February  4,  18S7.  tlie  Imperial  Governuiont  addicssod  to 
the  Braziliiin  lefjalions  and  eoiisiilate>s  a  cireiilar  statiiip;'  tlie 
terms  on  wliicli,  even  without  a  treaty,  it  was  willinj^  to  comply 
Willi  demands  for  the  extradition  of  criminals.  These  terms 
are  as  follows :  , 

1.  When  the  crimes  of  ))ersonH  wliose  extradition  is  di-inandcd  shall  have 
Ix-i'ii  comniitlcd  in  the  territory  of  tlie  governMicnt  making  tln' deiiiaiiil, 
and  the  Haid  government  oll'iis  <ir  is  willing  ti»  leciitrocate. 

2.  When  crimes  by  t\n'\v  atrocity  or  frequency  may  endanger  the  mo- 
rality and  saffty  of  a  people,  such  as  robbery,  murder,  ciuinterfoiling, 
forgery,  and  some  others. 

3.  When  the  proofs  are  such  that  tin-  laws  of  linizil,  if  tlir  (linn-  were 
coMiuiitted  in  its  territory,  would  justify  the  arrest  and  trial  of  the  criminal. 

4.  When  extradition  is  demanded  by  tlie  minislx;r  of  tin-  n.ilion  within 
■whose  jurisdiction  the  offense  look  ]ilace 

r>.  If  the  accused  sliall  have  connnitted  crimos  in  tnoro  limn  one  coun- 


124  EXIRADITION. 

try  and  his  extradition  be  demanded  by  more  than  one  government,  ho 
^Yill  be  delivered  to  that  in  whose  territory  the  gravest  offense  was  com- 
mitted. 

It  is  understood  that,  if  the  accused  be  a  Brazilian  citizen,  he  will  not 
be  given  up,  as  his  surrender  in  this  case  is  contrary  to  the  constitution  of 
the  Empire,  and  that  political  crimes,  as  may  be  concluded  from  the  prin- 
ciples stated,  will  always  be  excepted. 

It  is  also  understood  that  the  expenses  incurred  in  the  arrest  and  delivery 
of  criminals  will  be  paid  by  the  government  demanding  their  extradition. 


CHINA. 


February  6,  1889,  Mr.  Deiiby  made  the  followmg  report : 

Sir  :  In  answer  to  your  circular  of  November  26,  relating  to  extradition, 
my  reply  will  be  necessarily  brief. 

We  have  no  extradition  treaty  with  China.  Portugal,  Great  Britain, 
and  Japan  have  treaties  more  or  less  affecting  this  subject.  Duplicate 
copies  of  the  articles  in  said  treaties  providing  for  extradition  are  herewith 
enclosed. 

The  duty  of  extradition,  as  has  often  been  held,  does  not  arise  from  the 
"  favored  nation  "  clause.  Under  the  present  system  of  jurisprudence  of 
China  extradition  proceedings  in  conformity  with  western  usage  are  im- 
practicable. The  foreign  powers  generally  have  Tiot  judged  extradition 
treaties  to  be  necessary. 

Under  the  exierritorial  system  a  foreigner  iu  China  is  subject  to  the  laws 
of  his  country.  It  is  generally  held  that  an  absconding  criminal  of  any 
nationality  can  be  arrested  by  the  officials  of  his  Government. 

Such  criminals  could  not  be  arrested,  held,  or  tried  by  a  Chinese  magis- 
trate. It  has  been  held  in  this  legation  and  by  the  consuls  that  an  Ameri- 
can who  is  charged  with  being  an  absconding  criminal  from  any  country 
with  which  we  have  extradition  treaties  can  be  arrested  in  China  by  oui 
consuls  and  delivered  up  after  the  proof  required  by  the  treaties  has  been 
made.  I  suppose  that  a  consul  wonld  have  jurisdiction  to  arrest  an  Ameri- 
can absconding  from  the  United  States  on  a  charge  of  crime  committed  by 
him  in  the  United  States  and  could  deliver  him  up  under  the  direction  of 
the  Secretary  of  S*;ate. 

If  this  view  be  correct,  an  extradition  treaty  as  applicable  to  the  arrest  of 
American  criminals  is  not  needed  in  China.  As  applicable  to  the  arrest  and 
delivery  of  Chinese  subjects  who  are  charged  with  crime  committed  in  the 
United  States,  the  only  course  now  available  is  an  appeal  to  the  comity  of 
this  Government. 

I  do  not  doubt  that  on  proper  application,  made  by  a  diplomatic  officer, 
the  surrender  of  a  Chinese  subject  would  be  ordered  by  the  Government. 

There  are  no  imperial  decrees  on  this  subject  and  no  adopted  forms. 
Under  these  existing  conditions  it  becomes  unnecessary  to  reply  specifically 
to  the  interrogatories  set  out  in  the  said  circular. 
I  have,  etc., 

Charles  Denby. 


^  EXTRADITION.  125 

tTu  closure  1.] 

Treaty  of  June  26,  1858,  ieticeen  China  and  Ch'eat  BHtain. 

Article  XXI. 

If  criminals,  subjects  of  Chiua,  sliall  take  refuge  in  Houg-Kong  or  on 
board  the  British  ships  there,  they  shall,  upon  due  requisition  by  the 
Chinese  authorities,  be  searched  for,  and,  on  proof  of  thtiir  guilt,  be  doliv- 
ered  up. 

In  like  manner,  if  Chinese  ofTenders  take  refuge  in  houses  or  on  board  the 
vessels  of  British  subjects  at  the  open  ports,  they  shall  not  be  harbored  or 
concealed,  but  shall  be  delivered  up,  on  due  requisition  by  the  Chinese 
authorities,  addressed  to  the  British  consul. 


[Inclosure  2.] 

Treaty  of  September  13,  1871,  between  China  and  Japan. 

Article  XII. 

If  any  subject  of  either  power,  having  violated  the  law  of  his  own  coun- 
try, secrete  himself  in  an  official  building,  merchant  vessel,  or  warehouse 
of  the  other  state,  or  escape  to  any  place  in  the  territory  of  the  other,  on 
official  application  being  made  by  the  authority  of  the  state  of  which  such 
offender  is  a  subject  to  the  authority  of  the  other,  the  latter  shall  inune- 
diately  take  steps  for  the  arrest  of  the  offender,  without  show  of  favor. 
Whilst  in  custody  he  shall  be  provided  with  food  and  clothing,  and  ho  shall 
not  be  subjected  to  ill  usage. 


[Incloauro  3.] 

Treaty  of  December  1,  1887,  between  China  and  Portugal. 

Auticlk  XLV. 

Ah  regards  the  delivery  of  I'ortngueHo  and  Chinese  criminals,  with  tin- 
exception  of  the  Chinese  criminals  who  take  refuge  in  Macao,  and  fi)r 
whose  extradition  the  governor  of  Mac:io  will  <•ontinu^^  to  follow  tlu^  .-x- 
isting  practire,  after  the  receipt  of  a  due  recinisitioii  from  tlu^  vircroy  of 
the  two  KwangH,  it  is  agrccid  tliat  in  the  ChineHo  jmrtH  open  to  foniign 
trade  the  Chinese  eriininals  who  take  refuge  at  the  housoB  or  on  board  the 
ships  of  Portngnese  subjects  shall  be  jirresled  and  delivered  to  the  Chinem^ 
authorities  on  their  api)lyuig  to  the.  I'ortugiie.se  riouHiil  ;  and  likewise  the 
Portuguese  criminals  wlio  take  refuge  in  China  sliall  bo  arrested  aud  ih- 
livered  to  the  Portuguese  auliiorities  on  their  applying  to  the  Chinene  aii- 
thorities,  and  by  neither  of  the  parti<'«  shall  the  crimin  iN  1..-  harbored, 
nor  shall  there  be  delay  in  ihdivering  them. 


1-6  EXTRADITION. 


COLOMBIA. 

The  following  is  taken  from  the  work  of  Mr.  Seijas,  El  Dere- 
cho  luternacional  Hispauo-Americano : 

It  is  necessary  to  call  attention  to  the  fact  that  none  of  the  existing  con- 
ventions concernitig  the  extradition  of  criminals  tliat  were  conclnded  by 
the  Republic  previously  to  the  adoption  of  the  constitution  of  1SG3,  nor 
that  of  May  30th,  1868,  concluded  with  the  Republic  of  Venezuela,  which 
the  Colombian  Congress  approved  in  1869,  which  did  not  take  effect,  be- 
cause its  ratifications  were  not  exchanged — none  of  those  conventions  con- 
tain the  limitation  introduced  by  the  Congress  of  1881  in  the  one  atoresaid, 
which  was  concluded  with  the  United  States  Government.  The  broad 
interpretation  given  to  that  provision  of  article  15  of  the  constitution 
wliich  guarantees  the  lives  of  persons  traveling  or  sojourning  in  Colombia, 
on  which  this  modification  is  based,  appears  to  have  been  made  for  the 
first  time  in  1871,  by  Mr.  Zapata,  at  that  time  secretary  of  the  interior  and 
of  foreign  relations,  in  connection  with  the  negotiation  that  had  been  en- 
tered into  with  Her  Britannic  Majesty's  minister  for  the  conclusion  of  a 
treaty  for  the  mutual  extradition  of  fugitive  criminals. 

"As  your  excellency  is  aware,"  said  Mr.  Zapata  in  his  note  of, Novem- 
ber 24th,  1871,  to  Mr.  Bunch,  "the  national  constitution  has  guaranteed 
to  all  inhabitants  and  sojourners  in  the  United  States  of  Colombia  the  in- 
violability of  their  lives  in  so  absolute  a  manner  that  not  onlj'^  is  it  the  duty 
of  private  individuals  to  respect  the  lives  of  o  hers,  but  not  even  the  gov- 
ernments, federal  or  state,  can  decree  the  death  penalty  in  their  laws. 
When  a  foreigner  is  within  the  national  domain,  whatever  may  be  his  per- 
sonal conditions  and  the  criminal  acts  that  he  has  committed  in  another 
country,  that  very  instant  he  enters  upon  the  enjoyment  of  the  aforesaid 
guarantee,  and  the  Government,  whicli  is  a  mere  mandatary  of  the  commu- 
nity, and  is  obliged  to  act  wholly  within  the  limits  and  in  accordance  with 
the  provisions  of  the  laws  established  by  it  for  its  own  regimen,  can  not, 
either  directly  or  by  means  of  convention.s  or  pacts  of  any  kind,  make  it 
nugatory  or  co-operate  in  making  it  so.  The  constitution  has  made  no  re- 
striction or  distinction  whatever  with  a  view  to  excluding  certain  persons 
from  the  benefits  of  the  aforesaid  guarantee.  Any  inhabitant,  native  or 
domiciled,  as  well  as  any  transient  person,  has  an  equal  right  to  the  protection 
of  his  individual  existence,  as  provided  by  the  fundamental  law  of  the  Re- 
public ;  in  order  to  afi:brd  such  protection,  the  Government,  whenever  this  is 
possible,  must  prevent  private  attempts  upon  life ;  it  must  bring  to  trial  and 
punishment  those  persons  who  seek  to  impair  the  inviolability  of  life,  and 
mu.st  itself  abstain  from  violating  it  or  co-operating  in  its  destruction  even 
by  way  of  punishment."  (Seijas,  El  Derecho  luternacional  Hispano-Anier- 
icano,  188;  extract  reprinted  from  Foreign  Relations  of  Colombia,  1884.) 


EXTRADITION.  127 


FRAXCE. 

January  14, 1889,  Mr.  McLane  made  the  following  report : 

Sir  :  In  reply  to  your  circular  of  November  '^6tli,  1888,  instructiug  me  to 
make  a  report  on  the  subject  of  extradition,  as  practicetl  by  the  Government 
to  which  I  am  accredited,  and  suggesting  certain  inquiries  for  my  guidance, 
I  have  the  honor  to  send  herewith  : 

Ist.  A  report  showing  the  diiierent  stages  through  which  a  requisition 
for  the  surrender  of  a  fugitive  criminal  passes  in  France.  This  report  was 
prepared  by  Mr.  Viguand,  but  I  have  revised  it  with  him  and  adopted  it 
as  my  own. 

'2nd.  A  letter  from  Mr.  Edmond  Kelly,  a  competent  American  lawyer,  who 
acts  occasionallj'  as  counsel  of  this  legation,  with  reference  to  the  defects 
existing  in  our  extradition  treaty  with  France.  This  letter  was  written 
some  time  ago,  when  the  subject  of  extradition  was  being  discussed  in  this 
legation  in  connection  with  the  case  of  Edmund  Yard,  with  which  the  De- 
partment is  familiar,  and  in  which  Mr.  Kelly  was  employed  for  the  prosecu- 
tion. 

I  have,  etc., 

EoBEKT  M.  McLake. 


[Inclosnre  1] 
Extradition  as  practiced  (7i  France. 

As  now  understood  and  practiced  in  France,  international  extradition  is 
not  difiScnlt.  The  following  sketch  will  show  the  different  stages  through 
whicli  an  extradition  proceeding  passes: 

General  conditioiix.—T\n-  French  Government  extradites  and  applies  for 
extradition  in  the  absence  of  any  treaty.  When  there  is  no  treaty  it  asks 
for  reciprocity  and  expects  it,  but  thi;  matter  is  entirely  within  its  <liscrc- 
tion.  When  there  is  a  treaty  it  does  not  consider  itself  as  obliged  to  re- 
fuse extraditi<m  for  offences  not  mentioned  in  that  treaty. 

Who  viaif  be  surrendered. — It  surrenders  foreigners  only.  When  tlic  fiigi- 
Tive  ))elongs  to  a  country  whicli  is  not  the  one  applying  for  the  extradition 
the  diplomatic  representative  of  that  country  is  inlbrined  of  the  ap])lic.'i- 
lioii,  and  asked  if  ho  has  any  objections  to  the  extradiiion.  This  is  a  mat- 
ter of  comity  ;  the  French  Goveriimeiit  is  not  bound  to  refuse  the  extradition 
if  it  is  olijicted  to,  itsoliject  Ixiiiig  simply  to  enable  the  re]iresent:it  ive  of 
a  foreign  power  to  extend  protection  to  his  countrymen.  Id  eoininniiiea- 
tions  of  this  kind  this  legation  usually  rejdies  that  it  has  received  no  in- 
struction to  oppose  the  extradition.  When  tlm  fugitive  apitlies  himself  to 
the  legation  one  of  the  gentlemen  acting  as  our  counsel  is  re(|ncsted  lo  ex- 
amine the  case,  and  i(  it  is  found  that  there  is  occasion  for  interfering  w«) 
intervj-ite.     I  have  d(»ne  so,  howcn'er,  only  once. 

The  French  GoverniMi^nt  does  not  surrender  its  eitizons;  its  reas(»nH  are 
that  tho  French  tribunals  are  the  natural  judges  of  a  Frenchman,  and  that 
all  Frfttichtnr-n  ean  bo  prosecuted  and  tried  in  Fran c(>  for  offences  commit- 
ted abroad. 


128  EXTRADITION. 

Jpplicalion  for  the  exfradUton  of  a  fugitive. — Application  for  th''  extradi- 
tion of  a  fugitive  from  justice  who  has  taken  refuge  in  France  must  be  made 
in  all  cases  tlirough  the  diplomatic  chaunel.  It  would  not  be  received  from 
a  consular  agent.  The  basis  of  any  application  of  this  kind  is  the  state- 
ment that  a  warrant  of  arrest  has  been  issued  by  the  lawful  authorities  of 
the  demanding  Government,  and  that  the  ofifelice  charged  is  one  coming 
under  the  treaty.  The  demanding  Government  is  also  expected  to  furnish 
means  of  establishing  the  identity  of  the  fugitive.  The  fact  that  the 
requisition  is  made  through  the  diplomatic  channel  is  considered  to  be 
sufficient  authentication.  * 

Provisional  arrest  and  detention. — Previous  to  a  formal  requisition  for  the 
extradition  of  a  fugitive  his  provisional  arrest  and  detention  can  be  ob- 
tained upon  diplomatic  application,  by  stating  that  the  request  is  made  by 
authority  and  that  the  formal  requisition  is  on  its  way  or  is  being  prepared. 
Action  of  this  kind  can  be  taken  simply  upon  a  telegram.  Diplomatic  in- 
tervention ,is  not,  however,  always  necessary^  In  cases  of  emergen(;y  an 
unofficial  request  from  the  representative  of  a  country  with  which  France 
has  a  treaty  of  extradition,  or  even  from  the  police  of  that  country  to  the 
French  police,  reaches  the  same  end.  The  detention  of  a  fugitive  thus  ar- 
rested is  not  maintained  ordinarily  more  than  from  fifteen  days  to  three 
weeks.  If  the  formal  requisition  arrives  after  the  fugitive  is  released  he 
can  be  arrested  again. 

The  requidiion  at  the  foreign  office. — A  formal  requisition  for  the  extradi- 
tion of  a  fugitive  is  always  addressed  to  the  minister  of  foreign  affairs  and 
is  examined  by  him  first.  If  found  irregular,  or  not  in  conformity  with  the 
treaty  or  with  existing  laws,  it  is  returned  to  the  diplomatic  agent  through 
which  it  was  was  received,  with  the  reasons  for  so  doing.  If  on  its  face  it 
seems  to  be  regular  it  is  at  once  transmitted  to  the  department  of  justice. 
It  never  goes  to  the  courts,  which  have  nothing  to  do  with  the  matter. 

Before  the'  department  of  justice.— The  minister  of  justice  examines  in  his 
turn  the  requisition.  If  he  finds  it  defective  he  returns  it  to  the  foreign 
office  with  his  objections.  If  he  has  no  objection  to  oppose  he  sends  it  to 
the  minister  of  interior,  under  whose  direction  the  police  .department 
is,  with  a  request  to  have  the  fugitive  arrested.  When  the  proceedings 
reach  this  stage,  the  minister  of  interior  has  no  discretion  in  the  matter. 
He  can  abstain  from  arresting  a  fugitive  w^hen  he  is  asked  to  do  so  by  a  for- 
eign minister  or  the  police  of  another  country ;  he  can  not  when  he  receives 
the  requisition  through  the  department  of  justice.  The  fugitive  is  arrested 
and  brought  at  once  before  the  "procureur"  of  the  Republic  in  the  dis- 
trict where  the  arrest  took  place. 

Before  the  " procureur." — The  procureur,  who  receives  at  the  same  time 
coairannication  of  ail  the  papers  concerning  the  case,  proceeds  without 
delay  to  the  interrogation  of  the  fugitive.  He  is  not  allowed  to  enter  into 
the  question  of  the  validity  of  the  requisition,  his  interrogatories  having 
mainly  for  object  to  establish  the  nationality  and  identity  of  the  accused, 
to  record  his  protest,  if  he  does  protest,  and  finally  to  ascertain  whether 
he  consents  to  be  surrendered  or  not.  The  prisoner  is  warned  that  if,  by 
waiving  the  legal  formalities  and  proceedings  of  his  extradition,  he  avoids 
a  few  weeks  of  preventive  detention,  on  the  other  hand  he  is  no  longer 
protected  by  the  treaty  under  which  his  extradition  is  asked,  and  conse- 


«    EXTRADITION.         '  129 

qnf;ntly  he  can  be  tried  for  any  ofteace  with  which  he  may  be  charged.  If 
he  refuses  to  be  rolnntarily  surreudered  the  proceedings  follow  their  course. 
If  he  couseuts  he  signs  a  paper  to  that  effect.  It  should  be  noted  that  this 
interrogation  takes  place  immediately  after  the  arrest  of  the  fugitive,  and 
that  it  is  only  when  arrested,  by  escei^tion,  before  the  formal  requisition 
reaches  the  authorities  of  the  country  of  refuge,  that  he  may  find  an  ad- 
vantage in  consenting  to  be  surrendered  at  once. 

Before  the  attorneii-general. — In  both  cases  the  procureur  reports  to  the 
attorney-general,  who  reports  to  the  minister  of  justice. 

Again  before  ihe  minister  of  justice. — If  the  fugitive  has  consented  to  be 
surrendered,  the  minister  of  justice  requests  the  minister  of  interior  to  re- 
maud  him  to  the  frontier,  where  he  is  formally  delivered  to  the  agent  of 
the  demanding  country. 

Before  the  Executive. — If  the  fugitive  refuses  to  be  surrendered — the  requi- 
sition having  been  found  to  be  correct— a  decree  issued  by  the  President 
orders  the  extradition.  This  decree  mentions  the  offence  or  offences  for 
which  the  fugitive  is  extradited,  and  states  that  the  extradition  is  granted 
in  compliance  with  such  and  such  treaty  or  in  return  for  a  promise  of 
reciprocity,  as  the  case  may  be. 

Before  the  ininistcr  of  interior  again. — This  decree,  with  all  the  papers 
concerning  the  case,  is  placed  in  the  hands  of  the  minister  of  interior, 
who  sends  the  prisoner,  under  proper  escort,  to  the  frontier,  where  he  is  de- 
livered. A  copy  of  the  same  papers  arc  furnished  to  the  minister  fur  t'm- 
eigu  affairs,  who  notifies  the  demanding  Government. 

Transit. — The  Frencli  Government  grants  the  right  of  trannit  across  its 
territory  of  criminals  surrendered  by  another  Government.  Usually  tliis 
favor  is  obtained  tiirnugh  the  diplomatic  representative  of  the  demanding 
Government,  who  is  expected  to  state  that  the  criminal  extradited  is  not  a 
Frenclmian,  and  that  hiscrime  is  not  i)olitical,  but  one  at  common  law. 
The  transit  is  made  in  the  custody  of  French  agents. 

I'agment  of  expenses. — The  rule  adopted  between  France  and  nearly  all 
other  countries— except  the  United  States— is  not  to  charge  any  expense 
to  the  demanding  Government,  the  country  of  refuge  assuming  them  all. 

The  French  authorities  have  complained  that  the  expenses  of  extradition 
l)rocoedings  in  the  United  States  are  so  heavy  that  it  is  only  in  exceptional 
cases  that  they  will  venture  to  make  a  requisition  for  the  surrender  of  a 
fugitive. 

Property  of  a  fugitive  surrendered.— The  property  or  effects  of  a  fugitiv.} 
whohcextratlition  isapplied  forare  invariably  seized  upon  hisarrest.  whether 
the  arrest  is  provisional  or  not.  If,  for  some  cause  or  other  the  extraili- 
tion  is  not  granted,  the  property  is  returned  to  the  owner;  if  the  extradi- 
tion takes  place,  it  is  turned  over  either  to  the  agent  in  (diarge  of  the  fugi- 
tive or  to  tin-  di[ilomatic  representative  of  the  demanding  Government. 

The  foregoing  .•sUetih  shows  that  if  the  ministi-r  of  just  ice  lias  mueh  to 
do  with  all  extnulitions  in  Franco,  thet'.ourls  of  Justice  have  not.  A  I'ngi- 
tive  whose,  extraditiou  is  a|)i)lied  for  can  havo  a  counsel,  but  he  derives 
from  him  very  little  assistance.  The  I'rcuch  Government  iieing  author- 
ized by  law  to  expel  any  foreigner  without  giving  any  reason  for  its  notion, 
no  foreigner  can  appeal  to  the  courtH  for  protection  in  such  cases.  In  ex- 
tradition matters  tlie  foreign  (Jovernment  with  which  France  has  a  treaty 

s.  i:x.  .■>.■■) '.I 


130 


EXTRADITION 


can  complain  of  the  manner  in  which  ifc  is  applied;  the  fugitive  can  no'.. 
He  is  entirely  in  the  hands  of  the  Government  that  may  grant  his  extradi- 
tion even  if  not  obliged  to  do  so  by  the  treaty. 


[Inclosnre  2.] 
Mr.  Eelly  to  Mr.  McLane. 

.  Paris,  December  9th,  1887. 

Dear  Sir  :  Confirming  my  conversation  with  you  of  last  week,  I  beg  now 
to  submit  to  you  the  following  observations  as  to  the  defects  that  are  to  be 
found  in  the  existing  extradition  treaties  of  tlie  United  States  with  France, 
the  urgent  need  for  having  these  defects  remedied,  the  principal  points 
which  a  new  treaty  with  France  oiight  to  cover,  and  such  recent  treaties 
as  may  serve  as  models  for  the  same. 

The  fundamental  treaty  between  France  and  the  United  States  is  of  1843. 
Two  articles  were  added  thereto,  one  in  1845  and  the  other  in  1858.  Since 
1858  no  extradition  treaty  or  convention  of  any  kind  has  been  made  between 
the  two  countries. 

The  great  jjrogress  that  has  taken  place  within  the  last  ten  years  in  mat- 
ters of  extradition  is  sufiScieut  argument  in  itself  for  anew  treaty.  Not 
only  have  recent  extnidition  treaties  differed  as  to  the  character  of  oiiences 
for  which  extradition  should  be  granted,  but  they  have  also  differed  as  to 
the  manner  in  which  these  offences  are  defined.  As  it  is  not  desirable  at  this 
moment  to  enter  more  into  details  than  is  absolutely  necessary  in  order  to 
show  the  urgent  need  for  a  new  treaty,  I  shall  confine  myself  to  pointing 
out  the  defects  which  appear  most  loudly  to  demand  attention.  They  may 
be  briefly  summarized  as  follows : 

First.  The  list  of  extraditable  offenses  should  be  enlarged. 

Second.  Extraditable  offenses  should  be  properly  defined. 

Third.  The  character  of  the  evidence  necessary  to  secure  extradition 
should  be  specified. 

Fourth.  An  agreement  for  provisional  arrest  should  be  inserted. 

Fifth.  The  existing  arrangement  as  to  expenses  should  be  modified. 

Sixth.  Provision  should  be  made  for  the  seizure  of  property  involved  in 
extradition  i>roceedings. 

Before  examining  these  in  detail  it  may  be  well  to  state  at  once  that  the 
treaty  made  in  1876  between  France  and  England  is  the  one  which  would 
most  naturally  serves  us  as  a  model.  In  the  first  place,  it  was  drawn  up 
after  a  careful  examination  of  both  legislations  by  a  parliamentary  commit- 
tee and  with  careful  reference  to  the  differeuce  between  the  two.  In  the  sec- 
ond place,  it  embodied  the  result  of  experience  during  the  twenty  years  that 
preceded  it.     lu  the  third  place,  it  has  given  satisfaction  to  both  parties. 

With  this  model  before  us  I  beg  to  make  with  regard  to  the  various  points 
before  enumerated  the  following  suggestions: 

First.  Tlie  list  of  extraditable  ott'enses  should  be  enlarged. 

A  comparison  of  the  treaty  between  the  United  States  aud  France  above 
mentioned  with  that  of  1876  between  Great  Britain  and  France  is  the  best 
commentary  under  this  head. 


EXTRADITIOX.  131 

Second.  Extraditable  offenses  should  be  properly  defined. 

Under  the  system  adopted  in  the  treaty  of  1843  relerence  is  made  almost 
exclusively  to  the  French  law  for  definition  of  extraditable  offenses.  Under 
the  additional  article  of  1845  by  the  use  of  English  words  reference  is  infer- 
entially  made  to  American  law  for  this  jinrpose,  and  under  the  additional 
article  of  18.58  neither  law  is  either  directly  or  indirectly  referred  to,  but 
the  definition  of  the  offenses  added  bears  upon  its  face  an  attempt  to  com- 
promise between  the  two,  which  is  not  a  success  in  itself  and  can  not  but 
give  rise  to  difficulty  in  practice.  Indeed,  it  may  bo  parenthetically  stated 
that  this  article  as  published  in  the  "  Bulletin  Ofiiciel"  is  absolutely  differ- 
ent from  that  published  in  our  own  official  publicaticno 

The  effect  of  referring  to  either  one  of  the  two  legislj-iions  involved  for 
an  extraditable  offense  occasions  a  perpetual  conflict  <>i  law,  which  it  is  of 
the  greatest  importance  to  eliminate.  An  intere>'';ing  instance  of  this  con- 
flict arose  in  the  case  of  Edmund  Yard.  The  question  in  that  case  was 
whether  an  executor  imder  American  law  could  .e  assimilated  to  an  offiicier 
miuisteriel  under  the  law  of  France. 

The  possibility  of  conflict  upon  this  subject  is  greatly  diminished,  if  not 
absolutely  disposed  of,  by  definition  of  extraditable  offenses  in  such  terms 
as  to  exclude  reference  to  either  legislation. "  This  system  has  been  adopted 
in  the  treaty  with  England  of  1876. 

Third.  The  character  of  the  evidence  necessary  to  secure  extradition 
should  be  specified. 

Our  present  treaty  has  taken  no  account  of  the  totally  different  system 
which  prevails  in  the  United  States  and  France  in  reference  to  extradition 
proceedings. 

In  our  country  a  demand  for  extradition  gives  rise  to  a  judicial  proceed- 
ing under  which  the  courts  are  called  upon  to  decide  whether  the  papers 
produced  by  the  Government  demanding  extradition  are  sufficient  to  make 
a  prima  facie  case. 

This  involves  an  examination  into  the  evidence  upon  which  the  original 
w  .rrant  of  arrest  was  granted. 

Under  the  French  system  a  dtniiand  for  cxtrailition  gives  rise  to  no  jadi- 
Aa\  proceedings  whatever.  The  papers  produced  1)y  the  Government  de- 
manding the  extradition  are  examined  as  to  their  form  only,  and  if  there 
is  no  reason  to  doubt  the  identity  of  the  person  involved,  llw)  Government 
by  purely  administrative  decree  grants  tlie  extradition  without  judicial 
]»roceedings  of  any  kind. 

The  French  system  is  an  arbitrary  oie  which  could  not  be  adopted  in 
England  :ind  Amei'ica  where  tho  iicrsonal  liberty  of  the  individual  is  sur- 
rounded by  safeguards.  The  existence  of  the  habeas  corpus  act  iii  Anglo- 
Saxon  countries  makes  it  necessary  for  them  to  adopt  a  system  which  can  in 
no  way  be  assimilated  to  that  prevailing  in  France.  Tho  existing  treaties 
with  the  United  States  arc  aljsolulely  silent  on  this  subject,  whereas  the 
English  treaty  goes  into  this  matter  with  care  and  precision. 

I'onrth.  An  agreement  for  provisional  arrest  should  b(5  inserted. 

The  yirovision  in  tho  n»w  treaty  of  France  with  liidginm  of  the  2')tli  of 
April.  I"^r,'.(,  has  in  this  resjiect given  satisfaction  lo  Ixith  |)arties,  and  might 
conveniently  serve  an  a  model  to  ns.  The  need  of  hmcIi  a  i»rovision  is  all 
the  greater  in  our  case  inas;nuch  as  the  distance  between  the  two  countries 


132  EXTRADITION. 

is  considerable  ;  arrest  upon  a  telegraphic  despatch  engages  the  responsi- 
l)ility  of  the  Government  so  arresting  to  such  an  extent  that  it  is  often  diffi- 
cult in  the  absence  of  express  treaty  stipulations  to  obtain  it.  Moreover, 
an  extradition  treaty  should  provide  for  so  vital  a  contingency  as  this  so  as 
to  make  it  a  matter  not  of  favor  brit  of  right. 

Fifth.  The  existing  arraugemcnt  as  to  expenses  should  be  modified. 

The  difference  in  the  systems  of  extradition  adopted  in  the  two  countries 
already  referred  to  gives  rise  to  much  greater  expense  in  the  United  States 
than  in  France.  If  our  legislation  is  of  a  character  to  throw  around  the 
liberty  of  the  individual  safeguards  unknown  to  the  French  law,  and  we 
choo.se  to  provide  an  expensive  system  for  maintaining  these  safeguards, 
it  is  hardly  fair  to  make  another  country  pay  for  them.  England  has  seen 
the  strength  of  this  argument,  and  has  modified  the  old  system  under  which 
the  demanding  Government  paid  all  the  exj^enses  and  adopted  the  better 
rule  that  each  Government  should  pay  the  expenses  of  its  own  proceedings. 

This  point  has  an  important  practical  bearing.  For  every  disposition  in 
a  treaty  which  works  injustice  on  one  of  the  parties  is  sure  to  react  upon 
the  other.  In  the  present  instance  the  disposition  of  the  French  Govern- 
ment to  grant  extradition  to  our  own  is  much  affected  by  the  fact  that  it 
can  not  obtain  extradition  from  us  except  at  an  immense  expense.  The 
result  is  that  the  French  Government  hardly  ever  applies  to  us  for  extradi- 
tion, and  when  we  apply  to  the  French  Government  for  it  we  are  met  with 
an  objection  arising  from  this  question  of  expense,  which  it  takes  all  the 
cordiality  that  exists  between  the  two  coantries  on  other  subjects  to  over- 
come. 

Sixth.  Provision  should  be  made  for  the  seizure  of  property  involved  in 
the  extradition  proceedings. 

The  iujportance  of  providing  for  the  seizure  of  property  whether  for  the 
purpose  of  evidence  or  for  the  purpose  of  restoring  to  its  rightful  owner  is 
too  obvious  to  require  comment. 

I  have  only  referred  to  the  above  points  in  a  cursory  manner  to-day,  but 
hold  myself  at  your  disposal  for  more  ample  information  whenever  you  may 
desire  it.  In  closing,  I  may  state  that  I  have  frequently  received  intima- 
tions from  persons  attached  to  the  department  of  the  Government  before 
which  matters  of  extradition  are  brought,  to  the  effect  that  the  French  Gov- 
ernment would  be  glad  to  make  a  new  treaty  with  the  United  States.  I 
trust,therefore,  that  the  favorable  disposition  of  the  French  Government  will 
contribute  to  facilitate  the  reiiairing  of  the  defects  of  the  existing  conven- 
tion. 

Your  obedient  servant, 

Edmond  Kelly. 


GERMAN^Y. 


July  3,  1889,  Mr.  Coleman  made  the  followiug  report : 

SiB :  Referring  to  the  separate  instruction  of  November  26  last  of  the 
Department  of  State  directing  me  to  make  a  report  on  the  subject  of  inter- 
national extradition  as  practiced  by  the  German  Government,  I  have  the 
honor  to  inform  you  that,  deemimg  the  imperial  foreign  office  the  best 


EXTRADITION.  133 

source  and  the  only  authoritative  one  from  which  much  of  the  important 
information  souyht  could  be  obtained,  I,  upon  the  receipt  of  the  instruction 
referred  to,  addressed  a  note  to  the  secretary  of  state  for  foreign  ati'airs 
asking  that  I  might  kindly  be  furnished  with  the  information  called  for.  in 
the  ten  groups  of  questions  containesl  in  the  same. 

In  response  to  my  application  I  received  on  the  1st  instant  a  note  from 
the  foreign  office,  accomjianied  by  a  voluminous  "memorial"  containing 
very  full  aud  interesting  data  respecting  the  subject  of  my  inquiries,  for 
which  I  have  since  thanked  Count  Berchem,  at  i)resent  in  charge  of  that 
oflQce,  expressing  at  the  same  time  the  conviction  that  my  Government 
would  not  fail  to  appreciate  the  value  of  the  information  thus  kindly  fur- 
nished. 

You  will  perceive  from  the  "memorial"  and  the  accompanying  note, 
which  are  herewith  inclosed,  with  translations  which  I  have  prepared  for 
the  purpose,  that  imperial  and  Prussian  legislation,  other  than  that  con- 
tained in  the  treaties  of  the  empire  with  foreign  powers,  contain  no  pro- 
visions whatever  regulating  or  limiting  extradition,  other  than  the  one  to 
be  found  in  the  imperial  penal  code,  which  declares  that  a  German  shall 
not  be  delivered  over  to  a  foreign  government  for  prosecution"  or  punish- 
ment. The  legation  is  informed,  however,  in  the  "memorial"  that  extra- 
dition is  freely  granted  in  the  absence  of  conventional  obligation,  stress 
being  laid,  however,  on  the  observance  in  such  cases  of  reciprocity  by  the 
demanding  state. 

The  records  of  this  legation,  notably  in  the  case  of  the  requisition  for  the 
surrender  of  Plath,  Peters,  and  Treiber,  treated  of  iu  dispatch  No.  456,  of 
June  '20,  1887,  and  in  earlier  dispatches  from  this  legation,  attest  great 
readiness  on  the  part  of  the  authorities  of  this  country  to  facilitate  extra- 
dition upon  our  requisitions,  and  great  fertility  in  the  adoption  and  dili- 
gence in  the  t-mploymcut  of  means  iu  the  search  for  fugitive  crimiuals  from 
the  United  States. 

The  imperial  treaties  relating  to  extradition  referred  to  in  the  "memo- 
rial" are  traiismitted  herewith  iu  dnplicate,  under  separate  cover.  The 
treaties  on  this  subject  concluded  by  tlie  individual  states  constituting 
this  empire  with  foreign  nations  will  be  found  reproduced  in  "  Marten's 
Nouveau  Kecueil  de  Traitds,"  in  the  library  of  the  Departyieut.  There 
appears  to  Ije  no  other  printed  compilation  of  those  treaties,  and  separate 
copies  of  many  of  them  can  not  now  be  obtained. 
I  have,  etc., 

Chapman  Colkman. 


[lD(rlo8ure  1.— TraDBliition.] 
Count  IJoInlvin  to  Mr.  fUthman. 

I'oHKiUN  Office,  Berlin,  June  27,  ld89. 
The  und(!rHign»'d  has  the  honor,  referring  t«)  the  note  of  tlie  14th  De- 
cember last,  to  inform  the  cliarg6  d'allaires  of  the  United  .States  of  America, 
Mr.  Chapman  Coleman,  that  the  practice  in  matters  relating  to  extradi- 
tion, in  so  far  as  existing  extradition  treaties  do  not  contain  provisions  hav- 
ing application  to  the  same,  is  not  uniformly  regulated  for  the  empire,  and 


134  EXTRADITION. 

that,  as  roj^ai'da  Prussia  in  particular,  the  procedure  dcpentls  less  ou  gen- 
eral rules  than  ou  the  principles  adhered  to  in  practice.  lu  order  to  answer 
fully  the  questions  presented  in  the  note  referred  to,  it  became  necessary  to 
m'ake  a  close  examination — the  results  of  wliich  will  be  found  embodied  in 
the  accompanying  n^emorial — of  the  subject  with  respect  to  the  attitude  of 
the  empire  and  of  Prussia  with  regard  to  the  same.  The  questions  referred 
to,  in  so  far  as  they  could  not  be  uniformly  answered  for  all  the  confeder- 
ated German  states,  have  been  answered  in  that  document  as  relating  to 
the  case  of  ai)plications  for  extradition  addressed  to  the  empire  or  Prussia. 
In  so  far,  however,  as  it  may  be  desired  to  be  also  furnished  with  more  ex- 
act information  concerning  the  practice  prevailing  in  the  other  states  of 
the  union,  the  undersigned  will  gladly  use  his  mediation  for  the  purpose 
of  pi'ocuring  the  same. 

The  undersigned  at  the  same  time  avails,  etc., 

HOLSTEIN. 


[Inclosure  2. — Translation.] 

Memorial  concerning  the  procedure  ou  iniernational  extradition  employed  by  the 

German  Empire  and  Prussia. 

In  accordance  with  German  views  of  justice  the  principle  obtains  that  a 
subject  of  the  empire  who  is  in  Germany  may  not  be  withdrawn  from  the 
jurisdiction  of  his  German  judge,  and  that  when  he  has  committed  a  crime 
or  trespass  in  a  foreign  country  he  shall  not,  on  that  account,  be  delivered 
over  to  such  country,  but,  the  case  being  an  ajipropriate  one  for  .such  action, 
be  prosecuted  before  the  courts  of  his  own  country.  This  view  of  justice 
finds  expression  in  the  German  penal  code  now  in  force,  which  provides  in 
paragraph  4,  No.  3,  that  a  German  may  be  prosecuted  in  Germany  on  account 
of  every  act  which,  under  German  law,  is  to  be  regarded  as  a  crime  or  tres- 
pass committed  abroad,  punishable  by  the  laws  of  the  place  where  it  was 
committed,  and  further  directs,  in  paragraph  9,  that  a  German  shall  not  be 
delivered  over  to  a  foreign  government  for  prosecution  or  punishment. 

Apart  from  this  provision  of  the  penal  code,  which  excludes  the  extradi- 
tion of  Germans,  and  from  the  provisions  contained  in  extradition  treaties 
which  make  extradition  dependent  on  certain  conditions,  there  exist  for  the 
German  Empire,  and  in  particular  for  Prussia,  no  rules  which  limit  extra- 
dition to  a  foreign  country. 

As  regards  the  empire,  no  legal  provisions  whatever,  other  than  the  pro- 
vision contained  in  paragraph  9  of  the  penal  code,  have  been  decreed.  The 
treaties  respecting  the  extradition  of  criminals  concluded  by  His  Majesty 
the  Emperor  and  assented  to  by  the  legislative  factors,  the  Bundesrath  and 
the  Keichstag,  have,  however,  the  force  of  laws. 

These  are  the  extradition  treaties  of  the  empire  with  the  following 
countries : 

Italy,  of  October  31,  1«71  (Imperial  Law  Gazette,  1871,  p.  446). 

England,  of  May  14,  1872  (I.  L.  G.,  1872,  p.  229). 

Switzerland,  of  January  24, 1874  (I.  L.  G.,  1874,  p.  113). 

Belgium,  of  December  24,  1874  (I;  L.  G.,  1875,  p.  73). 


EXTRADITIOX.  135 

Luxemburg,  of  March  9,  1876  (I.  L.  G.,  1876,  p.  223). 

Brazil,  of  September  17,  1877  (I.  L.  G.,  1878,  p.  293). 

Sweden  and  Norway,  of  Jauuai-y  19,  1878  (I.  L.  G.,  1878,  p.  110). 

Spuiu,  of  May  2,  1878  (I.  L.  G.,  1378,  p.  213). 

Uruguay,  of  February  12,  1880  (I.  L.  G.,  1883,  p.  287). 
As  also  the  articles  having  reference  to  extradition  in  the  consular  treaty 
with  Servia,  of  January  6,  1883  (Art.  XXV,  I.  L.  G.,  1883,  p.  70),  and  in  the 
amity  and  commercial  treaty  with  the  South  African'Republic,  of  January 
22,  1855  (Art.  31,  I.  L.  G..  1886,  p.  228). 

In  so  far  as  by  laws  and  treaties  of  the  empire  relating  to  the  extradition  of 
criminals,  provisions  which  bind  all  the  states  of  the  union  have  not  been 
made,  those  states  are  not  hindered  from  independently  regulating  extra- 
dition by  agreements  with  foreign  states,  or  by  laws  enacted  for  their  owu 
territory. 

Of  conventions,  some  of  an  earlier,  some  of  a  later  period,  for  the  extradi- 
tion of  criminals,  entered  into  by  individual  states  of  the  unioQ  with  va- 
rious foreign  states,  there  exist  a  number,  and  in  particular  such  with 
France,  the  Netherlands,  Austria-Hungary,  and  Russia.  With  the  United 
States  of  America,  also,  extradition  is  regulated  by  various  treaties,  as,  be- 
sides the  treaty  of  June  IG,  1852,  which  applies  to  all  of  the  states  of  the 
former  North  German  Union,  and  also  to  Hessi-,  south  of  the  Main,  and  to 
Wiirtemberg,  there  exist  sei>arate  treaties  with  Bavaria  and  Baden,  of 
September  12,  1853,  and  January  30,  1857,  respectively. 

In  detail  the  (juestions  numbered  1  to  10,  propounded  in  the  communica- 
liou  of  December  14th  last,  of  the  legation  of  the  United  States  of  Amer- 
ica, are  answered  as  follows  : 

1.  Extradition  is  also  accorded  in  Prussia  and  Alsace-Lorraine,  as  well 
as  in  the  other  states  of  the  uuion,  when  no  treaty  requiring  the  same  ex 
ists.  This  course  is  adopted  from  the  point  of  view  that  it  would  not  be  in 
accordance  either  with  the  country's  own  interests  or  with  the  considera- 
tion due  tofrieiully  nations  to  permit  persons  Who  are  prosecuted  in  foreign 
countries  on  account  of  vile  penal  acts  to  evade  punishment  by  the  appro- 
priate foreign  courts  by  obtaining  shelter  in  this  couutry.  In  accordance 
with  this  view,  therefore,  such  persons  are  also  without  treaty  obligation, 
or  in  extension  of  such,  upon  the  rcfjuest  of  the  foreign  government  regu- 
larly extradited,  in  so  far  as  particular  objections  to  such  course  are  not 
found  to  exist  in  individual  cases.  In  connection  with  such  procedure  it 
is  customary  to  nsquirc  that  by  the  submission  of  a  warrant  of  arrest 
issued  by  i  !ic  appr<>[iriate  foreign  court,  or  in  some  other  suitable  nuinner, 
it  be  shown  on  account,  of  what  acts  the  person  in  question  is  prosecuted, 
and  that  reciprocity  on  the  pait  of  th<5  foreign  state  ajipears  to  be  assured. 
What  shall  be  deemed  requisite  in  such  cases  as  regards  the  matter  itself 
depends  upon  the  free  determinatiou  of  the  Government.  The  requirement 
of  reciprocity  could,  however,  not  bedispi.'iised  with,  since,  with  every  dis- 
jiosition  on  the  part  of  Germany  to  extend  to  foreign  govcrnmentsoflicial  co- 
ojHTation  in  onler  J)  bring  fugitive  criminals  to  deserved  punishment,  it 
can,  nevertheless,  not  bo  regarded  as  proper  to  accord  to  a  foreigu  country 
an  assistance  in  furthering  llu'  eiuls  of  justice  which  would  not  be  extended 
in  return  by  the  latter  under  similar  circumstances. 

2.  Pending  the  reception  of  a  formal  requisition  for  surrender,  and  of  the 


136  EXTRADITION. 

dociiuients  to  be  submitted  with  the  same,  the  provisioual  arrest  aud  de- 
tention of  a  fugitive  criminal  can  be  granted.  In  so  far  as  individual  ex- 
tradition treaties  do  not  contain  contrary  provisions,  the  foreign  govern- 
ment ncekiug  extradition  mnet,  in  oi'der  to  secure  provisioual  arrest  and  de- 
tention, make  requJBitiou  therefor.  For  such  proceedings  the  diplomatic 
channel,  if  no  other  means  are  provided,  would  constitute  the  rule.  The 
requisition  must  regularly  show  on  account  of  what  punishable  act  the  per- 
son in  question  is  judicially  prosecuted,  and  that  in  the  country  making 
the  requisition  a  warrant  of  arrest  has  been  issued  against  him. 

To  the  extent  in  which  greater  requirements  may  in  such  cases  be  made 
by  the  particular  foreign  state,  the  same  requirements  would  eventually  be 
made  of  such  state  on  the  German  side.  Individual  extradition  treaties 
designate  how  long  the  fugitive  may  be  provisionally  held,  and  after  what 
period  he  must  be  released  in  case  the  requisition  accompanied  by  the  doc- 
uments necessary  to  support  the  same  has  not  been  made  within  such 
period. 

This  period  Is  fixed  by  the  treaties  with  Belgium  and  Litxemburg  for  the 
adjoining  Kingdom  of  Prussia,  and  as  regards  Luxemburg,  also  for  the  ad- 
joining imperial  territory  of  Alsace-Lorraine,  at  fifteen  days,  aud  for  the  re- 
mainder of  the  union  at  three  weeks;  pursuant  to  the  ti'eaties  with  Italy 
and  Switzerland  at  twenty  days  ;  with  Sweden  aud  Norway  at  six  weeks; 
with  Spain  at  two  months,  and,  as  regards  the  foreign  possessions  of  Spain 
at  three  months;  with  Brazil  aud  Uruguay  at  ninety  days. 

In  so  far  as  such  treaty  provisions  do  not  exist,  the  period  is  determined 
by  the  Government  in  a  particular  case  in  accordance  with  the  circum- 
stances, and  with  consideration  of  the  period  accorded  by  the  other  state 
in  such  cases. 

Provisional  arrest  and  detention  can  be  obtained  on  telegraphic  informa- 
tion. 

3.  In  the  imperial  extradition  treaty  with  Belgium  it  is  provided,  in  view 
of  a  legal  requirement  existing  in  that  country,  that  provisional  arrest 
shall  take  place  upon  a  warrant  issued  by  the  examining  judge  (Unter- 
euchungs-Richter)  of  the  place  of  sojourn  of  the  fugitive  upon  the  basis  of 
an  official  communication  from  the  appropriate  authority  of  the  state  mak- 
ing the  requisition.  A  like  provision  is  embodied  in  the  extradition  treaty 
with  Luxemburg.  Provisional  arrest  in  Prussia  takes  place  solely  by 
direction  of  the  administrative  (police)  authority — in  the  final  resort,  the 
minister  of  the  interior.  After  the  receipt  of  the  formal  requisition  there 
is,  as  a  rule,  no  necessity  of  a  renewed  warrant  in  support  of  a  provisional 
arrest  already  decreed.  A  new  one  would,  however,  be  necessary  if  the 
further  detention  devolved  upon  another  authority  than  the  one  upon 
whom  the  provisional  arrest  devolved.  In  Prussia  the  an-est  of  a  criminal 
whose  extradition  has  been  formally  requested,  as  well  as  tbe  provisional 
arrest,  devolves  in  general  upon  the  administrative  (police)  authority.  A 
departure  from  this  rule  takes  jilace  only  in  so  far  as  individual  extradi- 
tion treaties  contain  provisions  not  in  accord  therewith — as,  for  instance, 
the  treaty  with  England.  While,  ijursuant  to  that  treaty,  the  person 
whose  extradition  is  requested  is  to  be  primarily  arrested  by  the  appropriate 
authorities — therefore  iu  Prussia  by  the  police  authorities — such  person  is 
thereupon  to  be  conducted  before  thejiidf/e  who  is  to  examine  the  i)risoner 


EXTRADITION.  137 

and  provisionally  investigate  the  peual  case  in  tlie  same  manner  as  if  the 
arrest  had  been  made  on  account  of  a  punishable  act  committed  in  the  home 
conntry  (of  the  judge),  so  that  the  further  detention  depends  upon  the 
deteiniinai  ion  of  the  judge. 

The  case  is  similar  with  respect  to  the  treaty  of  June  16,  1852,  with  the 
United  States  of  America.  These  provisions  have  been  adopted  solely  for 
the  ]3urpose  of  establishirg  a  procedure  having  a  reciprocal  character  with 
the  state  of  law  existing  in  England  and  the  United  States  of  America. 

A  complaint  before  the  German  court  to  obtain  provisional  arrest  and  de- 
tention, or  arrest  after  demand  of  surrender,  is  not  required  in  Germany,  the 
principle  being  acted  upon  on  the  German  side  that  extradition  is  conducted 
from  government  to  government,  and  that  therefore,  after  the  requisition 
for  surrender  has  been  made  by  the  government  desiring  extradition  upon 
thegnvernnuMit  from  whom  it  is  desired,  it  restswith  the  latter  to  adopt  in  ac- 
cordance with  its  laws  and  institutions  further  necessary-  measures.  There- 
fore when  a  requisition  for  extradition  or  for  provisional  arrest  has  been 
made  by  a  foreign  government,  instruction  is  given  to  the  api)r()2)riate 
German  authority  to  officially  take  or  cause  to  be  taken  the  measures 
appropriate  to  the  purpose.  In  accordance  therewith,  in  particular,  the 
judicial  measures  requisite  for  arrest  or  detention  are  taken  ex-ofificio,  or 
the  state  attorney  is  directed  to  take  them,  without  it  being  left  to  the 
foreign  government  and  its  official  representatives  to  apply  themselves  like 
a  private  party  to  the  German  authorities  or  courts,  and  thus  prosecute 
their  claim  to  extradition,  which  rests  on  an  international  basis,  like  a 
private  claim  by  means  of  a  complaint  before  the  authorities  of  the 
conntry.  Only  in  the  treaty  with  the  United  States  of  America  is  a  "  state- 
ment 8ui)portedby  oath  "  ("complaint  made  under  oath  ")  provided  for,  and 
in  view  of  the  procedure  observed  there,  Germany  must  also  meet  requisitions 
of  the  United  States  with  a  similar  requirement. 

4.  The  requisition  for  extradition  is  regularly  communicated  to  the  min- 
isters of  the  interior  and  of  justice,  and  in  connection  with -those  author- 
ities subjected  to  a  provisional  examination.  If  objections  to  according 
surrender  are  not  found  at  this  stage  of  the  proceilure,  the  matter  is  cus- 
tomarily turned  over  to  the;  provincial  authorities  for  closer  investigation. 
and  in  such  mauner  tiiat  the  administrative  authority  (the  governmontal 
president)  and  the  state  attornej'  having  jurisdiction  at  the  "place  where 
the  arrest  of  the  fugitive  takes  place  are  entrusted  therewitli.  Upon  the 
administrative  autliority  devolves  in  this  conn<;ction  in  particular  the  in- 
vestigation of  the  relations  which  concern  the  jterson  and  nationality  of 
the  fugitive,  while  the  (piestion  whc^tlier  the  punishable  acts  with  which 
the  fugitive  is  charged  atford  in  their  legal  nature*  sullicient  grounds  for 
extradition  is  especially  one  for  the  tlic  examination  of  the  state  allorney. 
The  courts  participat  11  in  Prussia  in  tiiis  investigaiimi  only  in  so  far  as  ex- 
pressly provided  for  in  theextradition  treaties  with  foreign  states,  asin  par- 
ticular with  England  and  the  United  States.  This  provision,  howevtsr,  as 
already  indicated,  has  only  l»een  emb«idi(;d  in  those  tn^aties  in  eonsideialion 
of  the  circnmstances  that  in  the  foreign  states  in  question  a  judicial  (iroced- 
ure  takes  ]»laee  in  which  evidence  of  the  guilt  of  the  fugitive,  must  he  sub- 
mitted, whirji  ai>pe:iis  to  reniler  it  proper  that  a  like  re(iuir(Mneiit  should  bo 
made  on  the  German  side  in  cafte  of  requisitions  by  those  states,  and  that 


138  EXTRADITION. 

the  evkloQce  submitted  by  them  should  bo  subjected  to  examination  her© 
also.  lu  these  cases  it  devolves  upon  the  Germau  courts  to  pass  upon  the 
snflioipiicy  of  the  evidence  submitted,  in  order  that — in  accordance  with 
the  laws  of  the  state  upon  which  the  requisition  is  made — it  may  be  shown 
either  that  the  commitment  of  j;he  fugitive  for  trial,  in  case  the  punishable 
act  had  been  done  in  that  state,  would  be  jnstifiable,  or  that  the  fngitive 
is  identical  with  the  person  condemned  by  the  courts  of  the  state  making 
the  requisition. 

The  judicial  decision  on  these  points,  when  reached,  is  communicated 
by  the  state  attorney  to  the  minister  of  justice,  and  is  regarded  by  the 
executive  as  the  utterance  of  the  official  authority  upon  which  the  decision 
of  such  questions  devolves.  The  papers  to  be  submitted  to  the  court  must 
be  conveyed  to  the  Government  through  diplomatic  mediation.  Apart 
from  the  participation  of  the  courts,  which  occurs  only  in  connection  with 
requisitions  for  extradition  by  England  and  the  United  States  of  America, 
these  courts  do  not  in  Prussia  occupy  themselves  with  an  examination  of 
requisitions  for  extradition,  for  the  I'eason  that  in  examinations  of  requisi- 
tions made  by  other  states  than  England  and  the  United  States  of  America, 
it  is  not  a  question  of  the  consideration  of  the  evidence  of  the  guilt  of  the 
fugitive.  The  question  of  guilt  is,  according  to  the  view  which  obtains 
here,  solely  for  the  consideration  of  the  foreign  courts  upon  whom  it  de- 
volves to  adjudge  the  fugitive,  while  for  this  Government  it  is  only  a  ques- 
tion of  determining  whether  the  state  attorney  here  should  surrender  the 
fugitive  criminal  to  the  appropriate  foreign  authoiities,  that  is  to  say, 
whether  in  the  foreign  country  a  penal  ijrosecution  is'  pending  for  which 
such  assistance  in  furthering  the  ends  of  justice  should  be  accorded.  The 
examination  of  this  question,  which  relates  to  the  prosecution  rather  than 
to  the  trial  (Aburtheilung),  would  seem  to  devolve  with  peculiar  pro- 
priety upon  the  state  attorney,  he  being  the  official  upon  whom  the  prosecu- 
tion in  all  internal  penal  cases  devolves. 

5.  The  documents  to  be  submitted  as  a  basis  for  requisitions  for  extradi- 
tion, pursuant  to  most  of  the  Imperial  extradition  treaties  (such  in  partic- 
ular as  those  with  Belgium,  Luxemburg,  Sweden  and  Norway,  Spain,  and 
Uruguay),  must  be  submitted  in  tlie  original  or  in  authenticated  copies, 
and  in  such  form  as  the  laws  of  the  state  desiring  the  extradition  prescribe. 

With  respect  to  individual  states,  such,  for  instance,  as  Austria-Hun- 
gary, Switzerland,  and  Luxemburg,  partly  on  the  basis  of  an  agreement, 
partly  on  that  of  existing  practice  on  both  sides,  a  further  authentication 
is  not  required  when  the  documents  submitted  are  made  out  witb  signa- 
ture and  official  seal  by  the  appropriate  authorities  of  the  state  making  the 
requisition,  while  in  general  it  is  required  that  the  documents  in  question 
shall  at  the  end  be  authenticated  by  the  representative  here  of  such  state, 
in  order  that  the  authentication  of  the  foreign  office  may  be  added  before 
tin'  documents  are  transmitted  to  ttther  German  authorities.  The  treaty 
with  England  requires  authentication  by  a  sworn  witness,  or  by  an  im- 
pression of  the  seal  of  the  minister  of  justice  or  other  minister  of  state 
making  the  requisition.  Since  for  the  documents  to  be  submitted  to  the 
United  States  of  America  as  a  basis  for  requisitions  for  extradition  a  par- 
ticular certiticate  of  authentication  is  prescribed  there  in  which  it  is  espe- 
ciallj*  expressed  that  the  documents  iu  question  are  sufficient  as  evidence 


EXTRADITION.  139 

in  Germany,  it  will  be  necessary  to  atld  to  the  documents  submitted  with 
an  American  requisitioa  for  extradition  a  similar  certificate  of  authentica- 
tion in  which  it  is  certified  in  particular  that  such  documents  have  been 
made  out  by  the  appropriate  authorities  of  the  Uuited  States,  and  that 
they  are  entitled  to  full  credence  there. 

G.  After  the  jirovincial  authorities,  or,  as  the  case  may  be,  the  courts, 
have  concluded  the  examination  confided  to  them  under  Nos.  3  and  4,  and 
have  reported  on  the  subject,  the  decision  upon  the  requisition  for  extra- 
dition ensues  at  the  central  resort — in  Prussia  upon  an  understanding  ar- 
rived at  among  the  ministers  for  foreign  affairs,  of  the  interior,  and  of 
justice — and  according  to  the  circumstances  of  the  particular  case,  after 
consideration  of  the  matter  by  the  Royal  Prussian  Government,  or  such 
other  government  of  a  state  of  the  union  as  may  be  concerned,  or  the  im- 
perial stadtholder  of  Alsace-Lorraine,  with  the  chancellor  of  the  Empire 
(or  the  foreign  office).  The  decision  reached  is  officially  communicated 
by  the  foreign  office  to  the  representative,  from  whom  the  request  has 
been  received,  of  the  state  making  the  requisition. 

7.  All  the  articles  found  in  possession  of  the  person  to  be  extradited  at 
the  time  of  his  arrest  are,  as  a  rule,  officially  seized,  and  incase  the  ap- 
propriate authority  of  the  state  applied  to  for  extradition  has  directed 
their  delivt^ry,  are  surreud'- red  together  with  the  prisoner.  This  proced- 
ure is  employed,  however,  only  in  so  far  as  reciprocity  is  assured. 

Pursuant  to  the  German  extradition  treaties  this  course  has  been  regu- 
larly pursued  with  respect  to  the  particular  states,  but  not  with  respect 
to  the  United  States  of  America.  As  the  seizure  and  delivery  of  articles  in 
the  United  States  does  not  take  place  ex  officio,  it  being  left  to  the  persons 
sustaining  damage  to  effect  the  surrender  of  the  same  by  bringing  action 
therefor  before  the  American  courts,  it  could  not  be  reckoned  on  that  on 
the  frcrman  side,  in  case  of  an  American  re(inisition  for  seizure  and  sur- 
render of  the  articles  found,  such  requisition  would  be  ex  officio  complied 
with  ;  the  persons  sustaining  damage  would,  however,  be  at  liberty  to 
prosecute  their  claims  by  action  before  tJio  German  courts. 

8.  The  fugitive  whose  extradition  has  beeu  granted  is  delivered  to  the 
authorities  of  the  state  making  the  requisition  at  the  frontier,  and  not  at  the 
jilace  where  ho  is  detained.  If  the  conv«\vaiice  home  of  the  criiuinal  takes 
place  by  sea  on  a  vessel  [not]  carrying  tlio  German  Ihig,  and  a  person  has 
been  sent  by  the  state  making  the  requisition  to  Germany  to  receive  him, 
he  is  delivered  to  that  person  at  the  port  of  embarkation  on  board  the  ves- 
sel (not  a  German  one)  in  (piestion.  Ifthi;  voyage  is  to  taki^  place  on  a 
German  vessel,  the  fugitive,  for  the  reason  that  autiiority  over  a  prisoner 
can  not  be  accorded  to  a  foreign  official  on  l)oard  a  German  vessel,  in  Ger- 
man watcrsoron  the  liighsea,  is  not  delivered  over  to  such  official  until  the 
territorial  waters  of  the  state  making  the  roipiisition  are  reached. 

As  soon  ofi  extradition  is  granted  the  measures  necessary  to  effect  it  are 
iinmorliately  t:ikf(n.  A  particul.ir  period  witliin  which  tlie  fugitive  must  be 
taken  in  charge  or  removed  from  the  e«»nntry  is  no!  lixerl  either  by  l.aw 
or  by  treaty. 

[t.  The  transit  of  a  criminal  snirendeied  by  a  lliird  state  is  granted  by 
the  Government  of  His  Majesty  the  Kmperor  or  by  fl)at  of  another  stateof 
the  union  under  the  same  conditions  aa  extradition.     What  tlu!  German 


1-10  EXTRADITION. 

attitude  witli  respect  to  England  and  the  United  States  of  America  would 
be  in  such  cases,  and  whether  in  particular  proofs  of  the  guilt  of  the  fugi- 
tive would  be  necessary,  has  not  yet  been  considered.  Germany  would,  it 
is  to  be  presumed,  upon  an  assurance  from  England  or  America  that, 
a  case  occurring,  transit  would  not  be  made  dependeat  upon  the  submission 
of  such  proofs,  have  no  objection  to  permit  the  transit  of  a  criminal  to 
England  or  the  United  States  in  the  same  manner,  without  submission  of 
proofs  of  guilt,  upon  the  production  ouly  of  a  warrant  of  arrest  issued 
by  the  Euglisli  or  American  judge. 

Transit  through  German  territory  takes  place  regularly  with  the  accom- 
paniment of  a  German  police  of6cial. 

10.  As  regards  costs  it  is  the  rule  for  the  empire,  and  all  the  states  of  the 
union,  that  a  reimbursement  of  the  costs  arising  from  the  arrest,  the  main- 
tenance and  the  transportation  of  the  fugitive  up  to  the  time  the  frontier 
is  reached,  is  not  to  be  demanded  of  the  state  making  the  requisition,  but 
that  these  costs  are  to  be  borne  rather  by  the  state  upon  which  the  requisi- 
tion is  made.  Thisi^rinciple  has  been  embodied  in  all  extradition  treaties 
as  yet  conclnded  by  the  empire,  and  is  also  regularly  applied  in  extradi- 
tions which  take  place  on  the  basis  of  reciprocity  without  treaty  obligations. 
Apart  from  an  older  agreement  with  Austria-Hungary  made  in  the  period  of 
the  confederated  relation,  ouly  the  treaties  existing  between  Germany  and 
the  United  States  of  America  contain  a  provision  pursuant  to  whicli  the 
costs  of  the  arrest  and  extradition  are  to  be  repaid  by  the  government  mak- 
ing the  requisition.  This  provision,  in  connection  with  the  large  amount 
of  the  costs  which  arise  in  America,  has  resulted  in  compelling  the  German 
authorities  in  many  cases  to  abstain  from  making  requisition  for  the  extra- 
dition of  criminals  who  have  found  an  asylum  in  the  United  States  of 
America. 


GREAT  BRITAIN. 

I.— BRITISH  LEGISLATION. 

EXTIiADITIOX  ACT  (1870). 

[33  and  34  Vict.,  c.  52.] 
AN  ACT  for  amending  the  law  relating  to  the  extradition  of  criminals. 

[9th  August,  1870.] 

Whereas  it  is  expedient  to  amend  the  law  relating  to  the  surrender  to 
foreign  states  of  persons  accused  or  convicted  of  the  commission  of  certain 
crimes  within  the  jurisdiction  of  such  states,  and  to  the  trial  of  criminals 
surrendered  by  foreign  .states  to  this  country: 

Be  it  enacted  by  the  Queen's  Most  Excellent  Majesty,  by  and  with  the 
advice  and  consent  of  the  lords  spiritual  and  temporal,  and  Commons,  in 
this  present  Parliament  as.sembled,  and  by  the  authority  of  the  same,  as 
follows : 


EXTRADITIOX.  1-^1 

PRELIMINARY. 

Short  title. 

1.  This  act  may  be  cited  as  "The  extradition  act,  1870." 

Where  arrangement  for  surrender  of  criminala  made,  order  in  council  to 

apply  act. 

2.  Where  an  arrangement  has  been  made  with  any  foreign  state  with 
respect  to  the  surrender  to  such  state  of  any  fugitive  criminals,  Her  Majesty 
may,  by  order  in  council,  direct  that  this  act  shall  apply  in  the  case  of 
such  foreign  state. 

Her  Majesty  may,  by  the  same  or  any  subsequent  order,  limit  the  opera- 
tion of  the  order,  and  restrict  the  same  to  fugitive  criuiinals  who  are  in  or 
suspected  of  being  in  the  part  of  Her  Majesty's  dominions  specified  in  the 
order,  and  render  the  operation  thereof  subject  to  such  conditions,  excep- 
tions, and  qualifications  as  may  be  deemed  expedient. 

Every  such  order  shall  recite  or  embody  the  terms  of  the  arrangement, 
and  shall  not  remain  in  force  for  any  longer  period  than  the  arrangement. 

Every  such  order  shall  be  laid  before  both  houses  of  Parliament  within 
six  weeks  after  it  is  made,  or,  if  Parliameut  be  uot  then  sitting,  withiu  sis 
weeks  after  the  then  next  meeting  of  Parliament,  and  shall  also  be  pub- 
lished in  the  "London  Gazette." 

Eeslrictious  on  surrender  of  criminals, 

'■i.  The  following  restrictions  shall  be  observed  with  respect  to  the  sur- 
render of  fugitive  criminals: 

(1)  A  fugitive  criminal  shall  not  be  surrendered  if  the  offense  in  respect 
of  which  his  surrender  is  demanded  is  one  of  a  political  character,  or  if  he 
I)rove  to  the  satisfaction  of  the  (lolice  magistrate  or  the  court  before  whom 
he  is  brought  on  habeas  corjjus,  or  to  the  secretary  of  state,  that  the  requisi- 
tion  for  his  surrender  has  in  fact  been  made  with  a  view  to  try  or  punish 
him  for  an  ofTense  of  a  political  character: 

(2)  A  fugitive  criminal  shall  not  be  surrendered  to  a  foreign  state  unless 
provision  is  made  by  the  law  of  that  state,  or  by  arrangement,  that  the  fugi- 
tive  criniiual  hIi  dl  not,  until  he  has  been  restored  or  had  an  op])ortniiily 
of  returning  to  Her  Majesty's  dominions,  be  detained  or  tried  in  that  for- 
eign state  for  any  offens<>  committed  prior  to  his  surrender,  other  than  the 
extradition  crime  proved  by  the  facts  on  which  the  surrender  is  grounded  : 

(3)  A  fugitive  criminal  who  has  been  accused  of  some  offense  within 
English  jurisdiction  not  being  the  oHense  for  which  his  surrender  is  asked, 
i>r  is  uiMhjrgoing  sentence  under  any  conviction  in  llui  United  Kingdom,  shall 
not  b<- surrcndcrt'd  unlil  afttu- ho  has  been  discharged,  whether  by  acquittal 
or  on  expiration  f>f  his  sentence  or  otherwise! : 

(4)  A  fugitive  criminal  shall  not  bo  surrendered  until  the  expiration  of 
fifteen  days  from  the  date  of  his  being  committed  to  prison  to  await  his 
surrender. 


142  EXTRADITION. 

Provisions  of  arrangement  for  surrender. 

4.  An  order  in  council  for  applying  this  act  in  the  case  of  any  foreign 
state  shall  not  he  made  unless  the  arrangement — 

(1)  Provides  for  the  determination  of  it  by  either  party  to  it  after  the 
expiration  of  a  notice  not  exceeding  one  year;  and, 

(2)  Is  in  conformity  with  the  provisions  of  this  act,  and  in  particular  with 
the  restrictions  on  the  surrender  of  fugitive  criminals  contained  in  this  act. 

Publication  and  effect  of  order. 

5.  When  an  order  applying  this  act,  in  the  case  of  any  foreign  state,  has 
been  published  in  the  "London  Gazette,"  this  act  (after  the  date  specified  in 
the  order,  or  if  no  date  is  specified,  after  the  date  of  the  publication)  shall, 
so  long  as  the  order  remains  in  force,  but  subject  to  the  limitations,  re- 
strictions, conditions,  exceptions,  and  qualifications,  if  any,  contained  in 
the  order,  apply  in  the  case  of  such  foreign  state.  An  order  in  council 
shall  be  conclusive  evidence  that  the  arrangement  therein  referred  to  com- 
plies with  the  requisitions  of  this  act,  and  that  this  act  applies  in  the  case 
of  the  foreign  state  mentioned  in  the  order,  and  the  validity  of  such  order 
shall  not  be  questioned  in  any  legal  proceedings  whatever. 

Liability  of  criminal  to  surrender. 

6.  When  this  act  applies  in  the  case  of  any  foreign  state,  every  fugitive 
criminal  of  that  state  who  is  in,  or  suspected  of  being  in,  any  part  of  Her 
Majesty's  dominions,  or  that  part  which  is  specified  in  the  order  applying 
this  act  (as  the  case  may  be),  shall  be  liable  to  be  apprehended  and  sur- 
rendered in  manner  provided  by  this  act,  whether  the  crime  in  respect  of 
which  the  surrender  is  sought  was  committed  before  or  after  the  date  of 
the  order,  and  whether  there  is  or  is  not  any  concurrent  jurisdiction  in  any 
court  of  Her  Majesty's  dominions  over  that  crime. 

Order  of  secretary  of  state  for  issue  of  ivarrant  in  United  Kingdom  if  crime  is 

not  of  a  2)olitical  character. 

7.  A  requisition  for  the  surrender  of  a  fugitive  criminal  of  any  foreign 
state  who  is  in,  or  suspected  of  being  in,  the  United  Kingdom,  shall  be 
made  to  a  secretary  of  state  by  some  person  recognized  by  the  secretary  of 
state  as  a  diplomatic  representative  of  that  foreign  state.  A  secretary  of 
state  may,  by  order,  under  his  hand  and  seal,  signify  to  a  police  magistrate 
that  such  requisition  has  been  made,  and  require  him  to  issue  his  warrant 
for  the  apprehension  of  the  fugitive  criminal. 

If  the  secretary  of  state  is  of  the  opinion  that  the  offense  is  one  of  a 
political  character,  he  may,  if  he  thinks  fit,  refuse  to  send  any  such  order, 
and  may  also,  at  any  time,  order  a  fugitive  criminal  accused  or  convicted 
of  such  offense  to  be  discharged  from  custody. 

Issue  of  warrant  by  police  magistrate,  justice,  etc. 

8.  A  warrant  for  the  apprehension  of  a  fugitive  criminal,  whether  ac- 
cused or  convicted  of  crime,  who  is  in,  or  suspected  of  being  in,  the  United 
Kingdom,  may  be  issued — 

(1)  By  a  police  magistjate,  on  the  receipt  of  the  said  order  of  the  secre- 


EXTRADITION.  143 

tary  of  state,  and  ou  sucli  evidence  as  would,  iu  liis  opiuiou,  justify  tlie 
issue  of  the  warrant  if  the  crime  bad  been  committed  or  tbe  criminal  con- 
victed in  England ;  and 

(2)  By  a  police  magistrate,  or  any  justice  of  tbe  peace  iu  any  part  oT  ilie 
United  Kingdom,  on  sucb  information  or  complaint  aud  such  evidence  or 
after  sacb  proceedings  as  would,  in  tbe  opinion  of  tbe  person  issuing  tbe 
warrant,  justify  tbe  issue  of  a  warrant  if  tbe  crime  bad  been  committed  or 
the  criminal  convicted  in  that  part  of  tbe  United  Kingdi)m  in  which  he 
exercises  jurisdiction. 

Any  person  issuing  a  warraut  under  this  section  without  an  order  from 
a  secretary  of  state  shall  forthwith  send  a  report  of  tbe  fact  of  sucb  issue, 
together  with  the  evidence  and  information  or  complaint,  or  certified  copies 
thereof,  to  a  secretary  of  state,  who  may,  if  he  thiuk  fit,  order  the  warrant 
to  be  cancelled,  aud  the  person  who  has  been  apprehended  on  tbe  warrant 
to  be  discharged. 

A  fugitive  criminal,  when  apprehended  on  a  warrant  issued  without  the 
order  of  a  secretary  of  state,  shall  be  brought  before  some  person  baviug 
power  to  issue  a  warrant  under  this  section,  who  sliall,  by  warrant,  order 
him  to  be  brought,  and  tbe  prisoner  shall  accordingly  be  brought,  before 
a  police  magistrate. 

A  fugitive  criminal  apprehended  on  a  warrant  issued  without  the  order 
of  a  secretary  of  state  shall  be  discharged  by  the  police  magistrate,  unless 
the  police  magista-ate,  within  such  reasonable  time  as,  with  reference  to 
the  circumstances  of  the  case,  he  may  fix,  receives  from  a  secretary  of  >tate 
an  order  signifying  that  a  requisition  has  been  made  for  the  surrender  of 
such  criminal. 

Hearing  of  case  and  evidence  of  polilicaJ  character  of  crime. 

y.  When  a  fugitive  criminal  is  brought  before  the  police  magistrate,  tbe 
police  magistrate  shall  hear  tbe  casein  the  same  manner,  and  have  tbe  same 
jurisdiction  and  powers,  as  near  as  may  be,  as  if  tbe  prisoner  were  brought 
Ijefore  him  cliarged  with  an  indictable  offense  committed  in  England. 

The  police  magistrate  shall  receive  any  evidence  which  may  be  tendcjrcd 
to  show  that  tbe  crime  of  which  tbe  prisiuier  is  accu.sed,  or  alb^ged  to  have 
been  convicted,  is  an  offense  of  apolitical  character,  or  is  not  an  extradition 
crime. 

Cumniittal  or  disckargc  of  prixotitr. 

ID.  In  till!  case  of  a  fngilivn  ciimiu.-il  accused  oC  an  txtraditiou  ciime,  if 
the  torcign  warrant  authorizing  tbe  arrest  of  sucli  criminal  is  duly  authen- 
ticated, and  such  evidence  is  produced  as  (subject  to  the  provisions  of  f  Ins 
act)  would,  according  to  (lie  law  of  Eiiglaud.  justify  the  committal  for  trial 
of  the  jiristirier  if  the  crime  of  wliicli  ho  is  accused  Inul  liceu  counnitted  iu 
England,  the  police  magistr.ate  shall  commit  him  to  prison;  but  otluMwiHo 
shall  order  him  to  bo  discharged. 

In  the  case  of  a  fugitive  criuiin.'il  alleged  to  have;  lieen  convicted  of  ;iu 
extradition  crime,  if  such  evi<lcnce  is  produced  as  (sultject  to  tin;  provisiouH 
of  this  act)  would,  according  to  the  law  of  Engl.'ind,  j)rove  that  the  i>risoner 
was  convicted  of  stub  crime,  the  i^dice  maglHlrate  shall  commit  him  to 
prison;  but  otherwise  shall  order  liim  to  bo  discharged. 


144  EXTRADITION. 

If  he  commits  such  ciimiual  to  prison,  he  shall  commit  him  to  the  Mid- 
dlesex house  of  detention,  or  to  some  o^her  prison  in  Middlesex,  there  to 
await  the  warrant  of  a  secretary  of  state  for  his  surrender;  and  shall  forth- 
with send  to  a  secretary  of  state  a  certificate  of  the  committal,  and  such 
report  upon  the  case  as  he  may  see  fit. 

Surrender  of  fugitive  io  foreign  state  by  warrant  of  secretary  of  state, 

11.  If  the  police  magistrate  commits  a  fugitive  criminal  to  prison,  he 
shall  inform  such  criminal  that  he  will  not  be  surrendered  until  after  the 
expiration  of  fifteen  days,  and  that  he  has  a  right  to  apply  for  a  writ  of 
habeas  corpus. 

Upon  the  expiration  of  the  said  fifteen  days,  or,  if  a  writ  of  habeas  corpus. 
is  issued,  after  the  decision  of  the  court  upon  the  return  to  the  writ,  as  the 
case  may  be,  or  after  such  further  period  as  may  be  allowed  in  either  case 
by  a  secretary  of  state,  it  shall  be  lawful  for  a  secretary  of  state,  by  a  war- 
rant under  his  hand  and  seal,  to  order  the  fugitive  criminal  (if  not  deliv- 
ered on  the  decision  of  the  court)  to  be  surrendered  to  such  person  as  may 
in  his  opinion  be  duly  authorized  to  receive  the  fugitive  criminal  by  the 
foreign  state  from  which  the  requisition  for  the  surrender  proceeded,  and 
such  fugitive  criminal  shall  be  surrendered  accordingly. 

It  shall  be  lawful  for  an\-  person  to  whom  such  warrant  is  directed,  and 
for  the  person  so  authorized  as  aforesaid  to  receive,  hold  in  custody,  and 
convey  wirhiu  the  jurisdiction  of  such  foreign  state  the  criminal  mentioned 
in  the  warrant ;  and  if  the  criminal  escapes  out  of  any  custody  to  which  he 
may  be  delivered  on  or  in  pursuance  of  such  warrant,  it  shall  be  lawful  to 
retake  him  in  the  same  manner  as  any  person  accused  of  any  crime  against 
the  laws  of  that  part  of  Her  Majesty's  doniinions  to  which  he  escapes  may 
be  retaken  upon  an  escape. 

Discharge  of  persons  apprehended  if  not  conveyed  out  of  United  Kingdom  iviihin 
•  two  months. 

12.  If  the  fugitive  criminal  who  has  been  committed  to  prison  is  not  sur- 
rendered and  conveyed  out  of  the  United  Kingdom  within  two  months  after 
.such  committal,  or,  if  a  writ  of  habeas  corpus  is  issued  after  the  decision  of 
the  court  upon  the  return  to  the  writ,  it  shall  be  lawful  for  any  judge  of 
one  of  Her  Majesty's  superior  courts  at  Westminster,  upon  application 
made  to  him  by  or  on  behalf  of  the  criminal,  and  upon  proof  that  reason- 
able notice  of  the  intention  to  make  such  application  has  been  gJiren  to  a 
secretary  of  state,  to  order  the  criminal  to  be  discharged  out  of  custody, 
unless  sufficient  cause  is  shown  to  the  contrary. 

Execution  of  ivarrant  of  police  magistrate. 

1.3.  The  warrant  of  the  police  magistrate  issued  in  pursuance  of  this  act 
may  be  executed  in  any  part  of  the  United  Kingdom  in  the  same  manner 
as  if  the  same  had  been  originally  issued  or  sub.sequently  indorsed  by  a 
justiceof  the  peace  having  jurisdiction  in  the  place  where  the  same  is  exe- 
cuted. ■ 


EXTRADITION.  145 

Depositions  to  he  evidence. 
[6  and  7  Yict.,  c.  76.] 

14.  Depositions  or  statements  on  oath,  taken  in  a  foreign  state,  and  copies 
of  such  original  depositions  or  statements,  and  foreign  certificates  of  or 
judicial  documents  stating  the  fact  of  conviction,  may,  if  duly  authenti- 
cated, be  received  in  evidence  in  proceedings  under  this  act. 

Authentication  of  depositions  and  tvarrants. 
[29  and  30  Vict.,  c.  121.] 

15.  Foreign  warrants  and  depositions  or  statements  on  oath,  and  copies 
thereof,  and  certificates  of  or  judicial  documents  stating  the  fact  of  con- 
viction, shall  be  deemed  duly  authenticated  for  the  purposes  of  this  act,  if 
authenticated  in  manner  provided  for  the  time  being  by  law  or  authenti- 
cated as  follows: — 

(1)  If  the  warrant  purports  to  be  signed  by  a  judge,  magistrate,  or  officer 
of  the  foreign  state  where  the  same  was  issued  ; 

(2)  If  the  depositions  or  statements  or  the  copies  thereof  purport  to  be 
certified  under  the  hand  of  a  judge,  magistrate,  or  officer  of  the  foreign 
state  where  the  same  were  taken  to  be  the  original  depositions  or  statements, 
or  to  be  true  copies  thereof,  as  the  case  may  require;  and, 

(3)  If  the  certificate  of  or  judicial  document  stating  the  fact  of  convic- 
tion purports  to  be  certified  by  a  judge,  magistrate,  or  officer  of  the  foreign 
state  where  the  conviction  took  place  ;  and, 

If  in  every  case  the  warrants,  depositions,  statements,  copies,  certificates, 
and  judicial  documents  (as  the  case  maj*  be)  are  authenticated  by  the  oath 
of  some  witness  or  by  being  sealed  with  the  official  seal  of  the  minister  of 
justice,  or  some  other  minister  of  state:  And  all  courts  of  justice,  justices, 
and  magistrates  shall  take  judicial  notice  of  such  official  seal,  and  shall 
admit  the  documents  so  authenticated  bj'  it  to  be  received  in  evidence 
without  further  proof. 

CRIMES   COMMITTED  AT  SEA*. 
Jurisdiction  as  to  n-imes  committed  at  sea. 

16.  Where  the  crime  in  respect  of  which  the  surrender  of  the  fugitive  is 
sought  was  committed  on  board  any  vessfd  on  the  high  seas  which  comes 
into  any  i)ort  of  the  United  Kingdom,  the  following  jirovisions  sliall  have 
effect : — 

(1)  Tiiis  act  shall  be  construtrd  as  if  any  stipendiary  magistrate  in  Eng- 
land or  Ireland,  and  any  siierilVor  sherifl  substitiit*;  in  {Scothaud,  wore  sub- 
stituted for  the  pfdice  magistrate  throughout  this  act,  except  the  part  relat- 
ing to  the  execution  of  the  warrant  of  the  police  magistrate: 

(2)  The  criminal  may  be  committed  to  any  prison  to  wliich  the  ixtsoii 
committing  liim  lias  i)ower  to  commit  pci-sons  accused  of  tin-  like  crime: 

(3)  If  the  fugitive  ciiminal  is  appreln-nded  on  a  warrant  issued  without 
the  order  of  a  secretary  of  state,  he  shall  he  brouglit  before  the  stipi-udiary 
magistrate,  sheriff,  or  slierilf  substitute,  who  issued  tlie  warrant,  or  who 
has  jurisdiction  in  the  port  where  the  ves-sel  lies,  or  iu  thts  place  nearest  to 
that  port. 

S.  Kx.  r>.l 10 


146  EXTRADITION 

FUGITIVE   CRIMINALS  IN  BRITISH   POSSESSIONS. 

Froceedings  as  to  fugitive  criminals  in-British  possessions. 

17.  This  act,  wheu  applied  by  order  iu  council,  shall,  unless  it  is  other- 
wise provided  by  such  order,  extend  to  every  British  possession  in  the  same 
manner  as  if  throughout  this  act  the  British  possession  were  substituted 
for  the  United  Kingdom  or  England,  as  the  case  may  require,  but  with  the 
following  modifications;  namely, 

(1)  The  requisition  for  the  surrender  of  a  fugitive  criminal  who  is  in  or 
suspected  of  being  iu  a  British  possession  may  be  made  to  the  governor  of 
that  British  possession  by  any  person  recognized  by  that  governor  as  a 
consul-general,  consul,  or  vice-consul,  or  (if  the  fugitive  criminal  has  es- 
caped from  a  colony  or  dependency  of  the  foreign  state  on  behalf  of  which 
the  requisition  is  made)  as  the  governor  of  such  colony  or  dependency  : 

(2)  No  warrant  of  a  secretary  of  state  shall  be  required,  and  all  powers 
vested  in  or  acts  authorized  or  required  to  be  done  under  this  act  by  the 
police  magistrate  and  the  secretary  of  state,  or  either  of  them,  in  relation 
to  the  SLiirender  of  a  fugitive  criminal  may  be  done  by  the  governor  of  the 
British  possession  alone : 

'  (3)  Any  prison  in  the  British  possession  may  be  substituted  for  a  prison 
in  Middlesex: 

(4)  A  judge  of  any  court  exercising  in  the  British  possession  the  like 
powers  as  the  court  of  queen's  bench  exercises  in  England,  may  exercise 
the  power  of  discharging  a  criminal  when  not  conveyed,  within  two  months, 
out  of  such  British  possession. 

Saving  of  laws  of  British  possessions, 

18.  If,  by  any  law  or  ordinance,  made  before  or  after  the  passing  of  this 
act  by  the  legislature  of  any  British  possession,  provision  is  made  for  car- 
rying into  effect,  within  such  possession,  the  surrender  of  fugitive  crimi- 
nals who  are  in,  or  siispected  of  being  in,  such  British  possession.  Her  Maj- 
esty may,  by  the  order  in  council  applying  this  act  in  the  case  of  any  for- 
eign state,  or  by  any  subsequent  order,  either  suspend  the  operation, 
■within  any  such  British  possession,  of  this  act,  or  of  any  part  thereof,  so  far 
as  it  relates  to  such  foreign  state,  and  so  long  as  such  law  or  ordinance  con- 
tinues iu  force  there,  and  no  longer  ;  or  direct  that  such  law  or  ordinance 
or  any  part  thereof  shall  have  effect  in  such  British  possession  with  or  with- 
out modifications  and  alterations,  as  if  it  were  part  of  this  act. 

GENERAL  PROVISIONS. 

Criminal  surrendered  by  foreign  state  not  triable  for  previous  crime. 

19.  Where,  in  pursuance  of  any  arrangement  with  a  foreign  state,  any 
person  accused  or  convicted  of  any  crime  which,  if  committed  in  England, 
would  be  one  of  the  crimes  described  in  the  first  schedule  to  this  act,  is  sur- 
rendered by  that  foreign  state,  such  person  shall  not,  until  he  has  been 
restored  or  ha<l  an  opportunity  of  returning  to  such  foreign  state,  be  tria- 
ble or  tried  for  any  offense  committed  prior  to  the  surrender  in  any  part  of 
Her  Majesty's  dominions,  other  than  such  of  the  said  crimes  as  may  be 
proved  by  the  facts  on  which  the  surrender  is  grounded. 


EXTRADITION.  147 

As  to  use  of  forms  in  second  schedule. 

20.  The  forms  set  forth  iu  the  second  schedule  to  this  act,  or  forms  as 
near  thereto  as  circumstances  admit,  may  be  used  in  all  matters  to  which 
such  forms  refer,  and  in  the  case  of  a  British  possession  may  he  so  used,  mu- 
tatis mutandis,  and  when  used  shall  be  deemed  to  bo  valid  and  snflScient  in 
law. 

Revocation,  etc.,  of  order  in  council,  ' 

21.  Her  Majesty  may,  by  order  in  council,  revoke  or  alter,  subject  to  the 
restrictions  of  this  act,  any  order  iu  council  made  in  pursuance  of  this  act, 
and  all  the  provisions  of  this  act  with  respect  to  the  original  order  shall 
(so  far  as  applicable)  apply,  mutatis  mutandis,  to  any  such  new  order. 

Application  of  act  in  Channel  Islands  and  Isle  of  Man. 

22.  This  act  (except  so  far  as  relates  to  the  execution  of  warrants  iu  the 
Channel  Islands)  shall  extend  to  the  Channel  Islands  and  the  Isle  of  Man 
in  the  same  manner  as  if  they  were  part  of  the  United  Kingdom;  and  the 
royal  courts  of  the  Channel  Islands  are  hereby  respectively  authorized  and 
required  to  register  this  act. 

Saving  for  Indian  treaties. 

23.  Nothing  in  this  act  shall  affect  flie  lawful  powers  of  Her  Majesty  or 
of  the  governor-general  of  India  iu  council  to  make  treaties  for  the  extra- 
dition of  crimiuals  with  Indian  native  states,  or  with  other  Asiatic  states 
conterminous  with  British  India,  or  to  carry  into  execution  the  provisions 
of  any  such  treaties  made  either  before  or  after  the  passing  of  this  act. 

Power  of  foreign  state  to  obtain  evidence  in  United  Kingdom. 

24.  The  testimony  of  any  witness  may  be  obtained  ui  relation  to  any 
criminal  matter  pending  in  any  court  or  tribunal  in  a  foreign  state  in  like 
manner  as  it  may  be  obtained  in  relation  to  any  civil  matter  under  the  act 
of  the  session  of  the  nimiteenth  and  twentieth  years  of  the  reign  of  her 
present  Majesty,  cUai)ter  one  hundred  and  thirteen,  intituled  "An  act  to 
provide  for  taking  evidence  in  Iler  Majesty's  dominions  in  relation  to  civil 
and  commercial  matters  pending  before  foreign  tribunals  ;^'  and  all  the 
provisions  of  that  act  shall  be  construed  as  if  the  term  civil  matter  iu- 
cludcMi  a  criminal  matter,  and  tlie  teirn  cause  included  a  pxoceeding  against 
a  criminal:  Provided,  That  nothing  in  this  section  shall  apply  in  the  case 
of  any  criminal  matter  of  a  political  character. 

Foreign  slate  includes  dependencies. 

2.5.  For  the  pury)oscs  of  this  act  every  colonj',  df^xMidenry,  and  conslitu- 
ent  part  of  a  foreign  state  an''  every  vessel  of  i  hat  state  shall  (except  where 
expressl}' mentioned  as  distinct  in  this  act)  bo  dccnird  to  be  within  the 
jurisdiction  of,  and  to  bo  part  of,  such  foreign  state. 


148  EXTRADITION. 

DEFINITION   OF   TEKMS. 

"British  possession." 

26.  In  this  act,  unless  the  contest  otherwise  requires — 
The  term  "British  possession"  means  auy^colony,  plantation,  island,  ter- 
ritory, or  settlement  within  Her  Majesty's  dominions,  and  not  within  the 
Uuited  Kingdom,  the  Channel  Islands,  and  Isle  of  Man;  and  all  colonies, 
plantations,  islands,  territories,  and  settlements  under  one  legislature,  as 
hereinafter  defined,  are  deemed  to  be  one  British  possession  : 

^^Legislature." 

The  term  "legislature"  means  any  person  or  persons  who  can  exercise 
legislative  authority  in  a  British  possession  ;  and  where  there  are  local 
legislatures  as  well  as  a  central  legislature,  means  the  central  legislature 
only: 

"Governor." 

The  term  "governor"  means  any  person  or  persons  administering  the  gov- 
ernment of  a  British  possession,  and '  includes  the  governor  of  any  part  of 
India : 

"  Extradition  crime." 

The  term  "extradition  crime"  means  a  crime  which,  if  committed  in 
England  or  within  English  jurisdiction,  would  be  one  of  the  crimes  de- 
Bcribed  in  the  first  schedule  to  this  act : 

"  Conviction." 

The  terms  "conviction"  and  "convicted"  do  not  include  or  refer  to  a 
conviction  which,  under  foreign  law,  is  a  conviction  for  contumacy,  but 
the  term  "  accused  person  "  includes  a  person  so  convicted  for  contumacy: 

"Fugitive  criminal." — "Fugitive  criminal  of  a  foreign  state." 

The  term  "  fugitive  criminal"  means  any  person  accused  or  convicted  of 
an  extradition  crime  committed  within  the  jurisdiction  of  any  foreign  state 
who  is  in,  or  suspected  of  being  in,  some  part  of  Her  Majesty's  dominions; 
and  the  term#"  fugitive  criminal  of  a  foreign  state"  means  a  fugitive  crim- 
inal accused  or  convicted  of  an  extradition  crime  committed  within  the 
jurisdiction  of  that  state  : 

"  Secretary  of  state." 

The  term  "secretary  of  state"  means  one  of  Her  Majesty's  principal  sec- 
retaries of  state : 

"Police  magistrate." 

The  term  "police  magistrate"  means  a  chief  magistrate  of  the  metropol- 
itan police  courts,  or  one  of  the  other  magistrates  of  the  metropolitan  police 
court  in  Bow  street : 


EXTEADITIOi!T.  149 

"Justice  of  the  peace." 

The  term  "justice  of  the  peace"  includes,  in  Scotland,  any  sheriff, 
sheriff  substitute,  or  magistrate : 

\ 

"  Warrant." 

The  term  "  warrant,"  in  the  case  of  any  foreign  state,  includes  any  ju- 
dicial document  authorizing  the  arrest  of  a  person  accused  or  convicted  of 
crime.  , 

REPEAI.  OF.  ACTS. 

Bepeal  of  acts  in  third  schedule. 

27.  The  acts  specified  in  the  third  schedule  to  this  act  are  hereby  repealed 
as  to  the  whole  of  Her  Majesty's  dominions;  and  this  act  (with  the  excep- 
tion of  anything  contained  in  it  which  is  inconsistent  with  the  treaties 
referred  to  in  the  acts  so  repealed)  shall  apply  (as  regards  crimes  committed 
either  before  or  after  the  passing  of  this  act)  in  the  case  of  the  foreign 
states  with  which  those  treaties  are  made,  in  the  same  manner  as  if  an 
order  in  council  referring  to  such  treaties  had  been  made  in  pursuance  of 
this  act,  and  as  if  such  order  had  directed  that  every  law  and  ordinance 
which  is  in  force  in  any  British  possession  with  respect  to  such  treaties 
should  have  effect  as  part  of  this  act. 

Provided  that  if  any  i^roceediugs  for  or  in  relation  to  the  surrender  of  a 
fugitive  criminal  have  been  commenced  under  the  said  acts  previously  to 
the  repeal  thereof,  such  proceedings  may  be  completed,  and  the  fugitive 
surrendered  in  the  same  manner  as  if  this  act  had  not  passed. 

SCHEDULES. 
FIRST  SCHEDULE. 

List  of  Crimea. 

The  following  list  of  crimes  is  to  be  construed  according  to  the  law  esist- 
iug  in  England,  or  in  a  British  possession  (as  the  case  maybe),  at  the  date 
of  the  all(iged  criiiio,  whotlier  by  common  law  or  by  statute  ipade  before  or 
after  the  passing  of  tills  act : 

Murder,  and  attempt  and  conspiracy  to  murder. 

Manslaughter. 

Counterfeiting  and  altering  money,  and  uttering  couute^eit  or  altered 
money. 

Forgery,  couutcrfeitiug,  and  altering,  and  uttering  what  is  forged  or 
counterfeited  or  altered. 

Embezzlement  and  larceny. 

Obtaining  money  or  goods  by  false  pretenses. 

CriniPH  by  bankrni»tH  against  bankruptcy  law. 

Fraud  by  bailee,  banker,  agent,  factor,  trustee,  or  director,  or  member, 
or  public  ofQcer  of  any  company  made  criminal  by  any  act  for  the  time 
being  in  force. 

Rafie. 

Abduction. 

Cbild-Btealiug. 


150  EXTRADITION. 

Burglary  and  house-breaking. 

Arson. 

Eobbcry  with  violence. 

Threats  by  letter  or  otherwise  with  intent  to  extort. 

Piracy  by  law  of  nations. 

Sinking  or  destroying  a  vessel  at  sea,  or  attempting  or  conspiring  to 
do  so. 

Assaults  ou  board  a  ship  on  the  high  seas  with  intent  to  destroy  life  or 
to  do  grievous  bodily  harm. 

Revolt  or  conspiracy  to  revolt  by  tw  o  or  more  persons  on  board  ship  on 
the  high  seas  agaiust  the  authority  of  the  master. 

SECOND  SCHEDULE. 

Form  of  order  of  secretary  of  state  to  the  XJoUce  magistrate. 
To  the  chief  magistrate  of  the  metropolitan  police  courts,  or  other  magis- 
trate of  the  metropolitan  police  court,  in  Bow  street  \_or  the  stipendiary 
magistrate  at  ]  : 

Whereas  in  pursuance  of  an  arrangement  with  ,  referred  to 

in  an  order  of  Her  M.^jesty  in   council,  dated  the  day  of  ,  a 

requisition  has   been    made   to  me,  ,  one  of  Her  Majesty's 

principal  secretaries  of  state,  by  ,  the  diplomatic  representa- 

tive of  ,  for  the  surrender  of  ,  late  of  ,  accused  [^or 

convicted]  of  the  commission  of  the  crime  of  ,  within  the  jurisdic- 

tion of  : 

Now  I  hereby,  by  this  my  order,  under  my  hand  and  seal,  signify  to  you 
that  such  requisition  has  been  made,  and  require  you  to  issue  your  warrant 
for  the  apprehension  of  such  fugitive,  provided  that  the  conditions  of  the 
extradition  act,  1870,  relating  to  the  issue  of  such  warrant,  are  in  your 
judgment  complied  with. 

Given  under  the  hand  and  seal  of  the  undersigned,  one  of  Her  Majesty's 
principal  secretaries  of  state,  this  day  of  ,  18    . 


Form  of  warrant  of  apprehension  lij  order  of  secretary  of  state. 

Metropolitan  police  district  lor  county  or  borough  of]  ,  to  wit: 

To  all  and  each  of  the  constables  of  the  metroi)olitan  police  force  [or  of 

the  county  or  borough  of  ]  : 

Whereas  the  right  honorable  ,  one  of  Her  Majesty's  princi- 

pal secretaries  of  state,  by  order,  under  his  hand  and  seal,  hath  signified 
to  me  that  requisition  hath  been  duly  made  to  him  for  the  surrender  of 
,  late  of  ,  accused  lor  convicted]  of  the  commission 

of  the  crime  of  ,  withiu  the  jurisdiction  of  :  This  is  therefore 

to  command  you,  in  Her  Majesty's  name,  forthwith  to  apprehend  the  said 
,  pursuant  to  the  extradition  act,  1870,  wherever  he  may  be 
found  in  the  United  Kingdom,  or  Isle  of  Man,  and  bring  him  before  mo 
or  Bome  other  [*magi8trate  sitting  in  this  court],  to  show  cause  why  he 
should  not  be  surrendered,  in  pursuance  of  the  said  extradition  act,  for 
which  this  shall  be  your  warrant. 

Given  under  my  hand  and  seal,  at  [*Bow  street,  one  of  the  police  courts 
of  the  metropolis],  this          day  of            ,  18    . 
,J-P- 

"Alter  as  required. 


EXTRADITION.  151 

Form  of  warrant  of  apprelitnsion  icithoitt  order  of  secretary  of  st6,tb. 

Metropolitan  police  district  [or  county  or  borough  of],  to  wit: 

To  all  and  each  of  the  constables  of  the  metropolitan  police  force,  [or  of 

the  county  or  borough  of  ]  : 

Whereas  it  has  been  shown  to  the  undersigned,  one  of  Her  Majesty's 
justices  of  the  peace  in  and  for  the  metropolitan  liolice  district  [or  the  said 
county  or  borouiih  of  ],  that  ,  late  of  ,  is  accused 

[o>"  convicted]  of  the  commission  of  the  crime  of  ,  within  the  jurisdic- 

tion of  :    This  is,  therefore,  to  command  you,  in  Her  Majesty's  name, 

to  forthwith  apprehend  the  said  ,  and  to  bring  him  before  me, 

or  some  other  magistrate  sitting  at  this  court  [or  one  of  Her  Majesty's 
justices  of  the  peace  in  and  for  the  county  [or  borough]  of  ],  to  be 

further  dealt  with  according  to  law,  for  which  this  shall  be  your  warrant. 

Given  under  my  hand  and  seal  at  Bow  street,  one  of  the  police  courts  of 

the  metropolis  \_or  in  the  county  or  borough  aforesaid],  this  day 

of  ,  18    . 

,  J.  P. 

Form  of  warrant  for  hringing  prisoner  before  the  police  magistrate. 

County  lor  borough]  of  ,  to  wit : 

To  ,  constable  of  the  police  force  of  ,  and  to  all  other 

peace  officers  in  the  said  county  lor  borough]  of  : 

Whereas  ,  late  of  ,  accused  lor  alleged  to  bo  con- 

victed of]  the  commission  of  the  crime  of  ,  within  the  jurisdiction 

of  ,  has  been  apprehended,  and  brought  before  the  undersigned,  one 

of  Her  Majesty's  justices  of  the  peace  in  and  for  the  said  county  [or  borough] 
of  ; 

And  whereas  by  the  extradition  act,  1870,  he  is  required  to  be  brought 
before  the  cliief  magistrate  of  the  metroi)olitan  police  court,  or  one  of  the 
police  magistrates <»f  the  metropolis  sitting  at  Uow  street,  within  the  metro- 
politan police  district  lor  the  stipendiary  magistrate  for  ]:  This  is 
therefore  to  coniniand  J'ou,  the  said  constable,  in  Her  Majesty's  name,  forth- 
with to  take  and  convey  the  said  to  the  metropolitan  police 
district  lor  the  saiil  ],  and  there  carry  him  before  the  said  chief  mag- 
istrate or  one  of  the  police  magistrates  of  the  metropolis  sitting  at  Bow 
street  within  the  said  district  lor  before  a  stii)eii(liary  magistrate  sitting 
in  the  said  ],  to  show  cause  why  ho  should  not  bo  surrendered,  in 
pursuance  of  the  extradition  act,  1870,  and  otherwise  to  be  dealt  with  in 
accordance  with  law,  for  which  this  sliall  be  your  warrant. 

fiiven  under  my  hand  and  seal  at  ,  in  the  county  lor  borough]  afore- 

said, this  (lav  of  ,  18     . 

,  J.  P. 
Form  of  warrant  of  committal. 

Metropolitan  police  district  ]  '^"  '  """  "*  *^«  constables  of  the 

lor  the  county  or  borough  I     ""-tropolitan  police  force  lor  of  the  police 

,  I    .        ■.  't      force  of  th(i  county  or  borough  of  1, 

of  ],  to  wit:  ,         ,     ,  „    , 

J      and  to  the  kee|)er  of  the 

Be  it  remembered  that  on  this  day  of  ,  in  tlin  j'car  of  our 

Lord  ,  ,   late  of  ,    is    brought  before    me, 

,  the  chief  magistrate  of  the  metropolitan  police  courts  [or  one  of 


152 


EXTRADITION. 


the  police  magistrates  of  the  metropolis],  sitting  at  the  police  court  in  Bo'w 
street,  within  the  metropolitan  police  district  \_or  a  stipendiary  magistrate 
for  ],  to  show  cause  why  he  should  not  be  surrendered  in  pursuance 

of  the  extrnditiim  act,  1870,  on  the  ground  of  his  being  accused  [or  con- 
victed] of  the  commission  of  the  crime  of  within  the  jurisdiction  of 
,  and  forasmuch  as  no  sufficient  cause  has  been  shown  to  me  why  he 
should  not  be  surrendered  in  pursuance  of  the  said  act :  This  is  therefore 
to  command  you,  the  said  constable,  in  Her  Majesty's  name  forthwith  to 
convey  and  deliver  the  body  of  the  said  into  the  custody  of 
the  said  keeper  of  the  at  ,  and  you,  the  said  keeper,  to  receive 
the  said  into  your  custody,  and  him  there  safely  keep  until  he 
is  thence  delivered  pursuant  to  the  provisions  of  the  said  extradition  act, 
for  which  this  shall  be  your  warrant. 

Given  under  my  hand  and  seal  at  Bow  street,  one  of  the  police  courts  of 
the  metropolis  [or  at  the  said  ],  this  day  of  ,  18    . 

,  J.P. 

Form  of  warrant  of  secretary  of  state  for  surrender  of  fugitives. 

To  the  keeper  of  and  to  : 

Whereas  ,  late  of  ,  accused  [or  convicted]  of  the  com- 
mission of  the  crime  of  within  the  jurisdiction  of ,  was  deliv- 
ered into  the  custody  of  you,  ,  the  keeper  of  ,  by  war- 
rant dated ,  pursuant  to  the  extradition  act,  1870 : 

Now,  I  do  hereby,  in  pursuance  of  the  said  act,  order  you,  the  said  keeper, 
to  deliver  the  body  of  the  said  into  the  custody  of  the  said  , 

and  I  command  you  the  said  ,  to  receive  the  said  into 

your  custody,  and  to  convey  him  within  the  jurisdiction  of  the  said  ; 

and  there  place  him  in  the  custody  of  any  person  or  persons  appointed  by 
the  said  to  receive  him,  for  which  this  shall  be  your  warrant. 

Given  under  my  hand  and  seal  of  the  undersigned,  one  of  Her  Majesty's 
principal  secretaries  of  state,  this  day  of 


THIRD   SCHEDULE. 


Year  and  chapter. 


Title. 


6  and?  Vict.,  c.  75  .. 

6  and  7  Vict.,  c.  76.. 

8  and  9  Vict.,  c.  120. 
25  and  26  Vict.,  c.70. 
29and30Vict.,  c.  121. 


An  act  for  giving  effect  to  a  convention  between  Her 
Majesty  and  the  King  of  the  French  for  the  appre- 
hension of  certain  offenders. 

An  act  for  giving  effect  to  a  treaty  between  Her 
Majesty  and  the  United  States  of  America  for  the 
apprehension  of  certain  offenders. 

An  act  for  facilitating  execution  of  the  treaties  with 
France  and  the  United  States  of  America  for  the 
aj)prehension  of  certain  offenders. 

An  act  for  giving  effect  to  a  convention  between  Her 
Majesty  and  the  King  of  Denmark  for  the  mutual 
surrender  of  criminals. 

An  act  for  the  amendment  of  the  law  relating  to 
treaties  of  extradition. 


EXTRADITION.  153 

EXTRADITION   ACT   (1873). 

136  and  37  Vict.,  c.  60.] 

AN  ACT  to  amend  the  extradition  act,  1870. 

(5th  August,  1873.) 
Be  it  enacted  by  tLe  Queen's  most  Excellent  Majesty,  by  and  with  the 
advice  and  consent  of  the  lords  spiritual  and  temporal,  and  Commons,  in 
this  present  Parliament  assembled,  and  by  the  authority  of  the  same,  as 
follo^ys: 

Construction  of  act  and  short  title. 
[33  and  34  Vict.,  c.  52.] 

1.  This  act  shall  be  construed  as  one  with  the  extradition  act,  1870  (in 
this  act  referred  to  as  the  principal  act),  and  the  principal  act  and  this  act 
may  be  cited  together  as  the  extradition  acts,  1870  and,  1873,  and  this  act 
may  be  cited  alone  as  the  extradition  act,  1873. 

Explanation  of  sect.  6  o/33  and'M  Vict.,  c.  52. 

2.  Whereas  by  section  six  of  the  principal  act,  it  is  enacted  as  follows: 

"  Where  this  act  applies  in  the  case  of  any  foreign  state,  every  fugitive 
criminal  of  that  state  who  is  in  or  suspected  of  being  in  any  \n\vt  of  Her 
Majesty's  dominions,  or  that  part  which  is  specified  in  the  order  applying 
tljis  act  (as  the  case  may  be),  shall  be  liable  to  be  apprehended  and  sur- 
rendered iu  manner  provided  by  this  act,  whether  the  crime  in  resiject  of 
which  the  surrender  is  sought  was  committed  before  or  after  the  date  of  the 
order,  and  whether  there  is  or  is  not  any  concurrent  jurisdiction  in  any 
court  of  Her  Majesty's  dominious  over  that  criuje." 

And  whereas  doubts  have  ari.seu  as  to  the  application  of  the  said  section 
to  crimes  committed  before  the  passing  of  the  principal  act,  and  it  is  ex- 
pedient to  rejKove  such  doubts ;  it  is  thernforo  hereby  declared  that — 

A  crime  comi/iitted  before  tlie  date  of  the  order  includes  iu  the  said  sec- 
tion a  crime  committed  before  the  passing  of  tiie  principal  act,  and  the 
principal  act  and  this  act  shall  be  construed  accordingly. 

Liahility  of  acccHHories  to  br  surrendered'. 

3.  Whereas  a  person  who  is  accessory  l)efore  or  after  the  fact,  or  couu- 
eels,  procures,  commands,  aids,  or  ab((ts  the  couiuiission  of  any  indictcablo 
offence,  is  by  English  law  liahlo  to  bo  tried  and  j>unished  as  if  lie  were  the 
principal  ollender,  Ijut  douljts  have  arisen  whethc^r  sucii  person  as  well  as 
tin;  principal  olfiMider  can  bo  Hurrendcreil  uiidtir  the  priucii)al  act,  and  it  is 
expedient  to  remove  such  doubts;  it  is  therefore  hereby  declared  that — 

Every  per.sou  wlio  iu  aecuHed  or  (convicted  of  liaviug  counselled,  ]iroeureil, 
cotnmaiideil,  aided,  or  al)etted  tlie  coiMniission  of  auy  extraditi<Mi  crime,  or 
of  being  accessory  before  or  after  the  fact  to  any  t)xtraditioD  crime,  shall 
be  deemeil  for  tlie  pur[>oses  of  the  jiriiicipal  act  and  tliis  act  to  be  accused 
or  convicted  of  iiaving  committed  such  crime,  and  shall  bo  liable  to  be 
apprehended  and  surrendered  accordingly. 


]  54  EXTRADITION. 

Explanation  of  sect.  14  o/33  and  34  Vict.,  c.  52,  as  to  statements  on  oath,  includ- 
ing affirmations. 

4.  Be  it  declared,  that  the  provisions  of  the  principal  act  relating  to  dep- 
ositions and  statements  on  oath  taken  in  a  foreign  state,  and  copies  of  such 
original  depositions  and  statements,  do  and  shall  extend  to  affirmations 
taken  in  a  foreign  state,  and  copies  of  snch  affirmations. 

Poller  of  taking  evidence  in  United  Kingdom  for  foreign  criminal  matters. 

I 

5.  A  secretary  of  state  may,  by  order  under  his  hand  and  seal,  require  a 
police  magistrate  or  a  justice  of  the  peace  to  take  evidence  for  the  pur- 
poses of  any  criminal  matter  pending  in  any  court  or  tribunal  in  any  for- 
eign state;  and  the  police  magistrate  or  justice  of  the  peace,  upon  the 
receipt  of  such  order,  shall  take  the  evidence  of  every  witness  appearing 
before  him  for  the  purpose  in  like  manner  as  if  such  witness  appeared  on  a 
charge  against  some  defendant  for  an  indictable  offense,  and  shall  certify 
at  the  foot  of  the  deposition  so  taken  that  such  evidence  was  taken  before 
him,  and  shall  transmit  the  same  to  the  secretary  of  state;  such  evjdeuce 
may  be  taken  in  the  presence  or  absence  of  the  person  charged,  if  auy,  and 
the  fact  of  such  presence  or  absence  shall  bo  stated  in  such  deposition. 

Any  person  may,  after  payment  or  tender  to  him  of  a  reasonable  sum  for 
his  costs  and  expenses  in  this  behalf,  be  compelled,  for  the  purposes  of  this 
section,  to  attend  and  give  evidence  and  answer  questions  and  produce 
documents,  in  like  manner  and  subject  to  like  conditions  as  he  may  in  the 
case  of  a  charge  preferred  for  an  indictable  offense. 

Every  person  who  wilfully  gives  false  evidence  before  a  police  magistrate 
or  justice  of  the  peace  under  this  section  shall  be  guilty  of  perjury. 

Provided  that  nothing  in  this  section  shall  apply  in  the  case  of  any  crim- 
inal matter  of  a  political  character. 

Explanation  of  sect.  16  o/33  and  34  Fict.,  c.  52. 

6.  The  jurisdiction  conferred  by  section  sixteen  of  the  principal  act  on  a 
stipendiary  magistjate,  and  a  sheriff  or  sheriff  substitute,  shall  be  deemed 
to  be  in  addition  to,  and  not  in  derogation  or  exclusion  of,  the  jurisdiction 
of  the  police  magistrate. 

Explanation  of  diplomatic  rexn-esentaiive  and  consul. 

7.  For  the  purposes  of  the  principal  act  and  this  act  a  diplomatic  repre- 
sentative of  a  foreign  state  shall  be  deemed  to  include  any  person  recog- 
nized by  the  secretary  of  state  as  a  consul-general  of  that  state,  and  a 
consul  or  vice-consul  shall  be  deemed  to  include  auy  person  recognized  by 
the  governor  of  a  British  possession  as  a  consular  officer  of  a  foreign  state. 

Addition  to  list  of  crimes  in  schedule. 

8.  The  principal  act  shall  be  construed  as  if  there  were  included  in  the 
first  schedule  to  that  act  the  list  of  crimes  contained  in  the  schedule  to  this 
act. 


EXTRADITION.  155 

SCHEDULE. 
List  of  crimes. 

The  following  list  of  crimes  is  to  be  construed  according  to  the  law  exist- 
ing in  England  or  in  a  British  possession  (as  the  case  may  be)  at  the  date 
of  the  alleged  crime,  whether  by  commou  law  or  by  statute  made  before  or 
after  the  passing  of  this  act : 

Kidnapping  and  false  imprisoumeut. 

Perjury,  and  subornation  of  perjury,  whether  under  common  or  statute 

law. 

[24  and  25  Vict,  c.  96,  etc.] 

Any  indictable  oflfcuce  under  the  larceny  act,  18G1,  or  any  act  amending 
or  substituted  for  the  same,  which  is  uot  included  in  the  first  schedule  to 
the  i)rincipal  act. 

Any  indictable  offence  under  the  act  of  the  session  of  the  twenty-fourth 
and  twenty-fifth  years  of  the  reign  of  Her  present  Majesty,  chapter  ninety- 
seven,  "  To  consolidate  and  amend  the  statute  law  of  England  and  Ireland 
relating  to  malicious  injuries  to  property,"  or  any  act  amending  or  substi- 
tuted for  the  same,  which  is  not  included  in  the  first  schedule  to  the  prin- 
cipal act. 

Any  indictable  offence  under  the  act  of  the  session  of  the  twenty-fourth 
and  twenty-fifth  years  of  the  reign  of  Her  present  Majesty,  chapter  ninety- 
eight,  "  To  consolidate  and  amend  the  statute  law  of  England  and  Ireland 
relating  to  indictable  off'euces  by  forgery,"  or  any  act  amending  or  substi- 
tuted for  the  same,  which  is  not  included  in  the  first  schedule  to  the  prin- 
cipal act. 

Any  indictable  offence  under  the  act  of  the  session  of  the  twenty-fourth 
and  twenty- fifth  years  of  the  reign  of  Her  present  Majesty,  chapter  ninoty- 
nine,  "To  consolidate  and  amend  the  statute  law  of  the  United  Kingdom 
against  offences  relating  to  the  coin,"  or  any  act  amending  or  substituted 
for  the  same,  which  is  not  included  in  the  first  schedule  to  the  principal  act. 

Any  indictable  offence  under  the  act  of  the  session  of  the  twenty-fourth 
and  twenty-fifth  years  of  the  reign  of  Her  present  Majesty,  chapter  one 
liundred,  "To  consolidate  and  amend  the  statute  law  of  England  and  Ire- 
land relating  to  offences  against  the  person,"  or  any  act  amending  or  sub- 
stituted for  the  same,  which  is  not  included  in  tlio  first  schedule  to  the 
principal  act. 

Any  iurlictablo  offence  under  the  la\v.s  for  the  time  biing  in  force  in  rela- 
tion to  l)ankruptcy,  which  is  not  included  in  the  first  schedule  to  the  prin- 
cipal act. 

Aimcxod  is  a  form  of  complaint  mado  by  mcsson^crs  of 
foreif^n  l<;j^ation.s  in  London  to  se«;nr«*  llu;  trmitorarydottMdiou 
of  fuj^itiven  wliosc^  oxtradition  is  ;iI»out  to  be  <b>niand('d. 

Melro]tiiJiiaii  ])olicc  dinlrict,  to  wil : 

Tin-  information  of  of  taUrn  on  oath  this  day 

of  in  the  year  of  our  Lord  ono  f  honsand  eiglit  hundred  and  ,  at 

the  Bow  street  police  court,  in  the  county  of  Middlesex,  and  within  tlio 
metropolitan  polire  district,  before  me,  tlie  undrTHigued,  one  of  the  magis- 
trates of  the  police  courts  of  the  metropolis,  sitting  at  the  police  court 
aforesaid, 


156  EXTRADITION. 

Who  saitli  that  ,  late  of         ,  is  accused  {or  convicted]  of  the 

commissioa  of  the  crime  of  ,  withiu  the  jurisdiction  of  ,  and  now 

suspected  of  being  in  the  United  Kingdom.  I  make  this  application  on  be- 
half of  the  Government. 

I  produce 

I  am  informed  and  verily  believe  that  a  warrant  has  been  issued 

in  for  the  arrest  of  the  accused ;  that  the  said  government  will  de- 

mand h  extradition  in  due  course,  and  that  there  are  reasonable  grounds 
for  supposing  the  accused  may  escape  during  the  time  necessary  to  pre- 
sent the  diplomatic  requisition  for  h  surrender,  and  I  therefore  pray 
that  a  provisional  warrant  may  issue  under  the  provisions  of  33  and  34  V., 
c.  52,  8.  8. 

Sworn  before  me,  the  day  and  year  first  above  mentioned,  at  the  police 
court  aforesaid. 

II.— CANADIAN  LEGISLATION. 

CHAPTER  142  OF  THE  REVISED  STATUTES   OF   CANADA. 

An  ACT  respecting  the  extradition  of  fugitive  criminals. 

[A.  D.  1886.] 
Her  Majesty,  by  and  with  the  advice  and  consent  of  the  senate  and  house 
of  commons  of  Canada,  enacts  as  follows  : 

Sho7-t  title. 

1.  This  act  may  be  cited  as  "  The  Extradition  Act."    (40  V.,  c.  25,  a.  24.) 

Interpretation. 

2.  In  this  act,  unless  the  context  otherwise  requires — 

"  Extradition  arrangement." 
(a)    The    expression  "extradition  arrangement,"    or   "arrangement," 
means  a  treaty,  convention,  or  arrangement  made  by  Her  Majesty  with  a 
foreign  state  for  the  surrender  of  fugitive  criminals,  and  which  extends  to 

Canada ; 

^^Extradition  crime." 

(6)  The  expression  "extradition  crime"  may  mean  any  crime  which,  if 
committed  in  Canada,  or  within  Canadian  jurisdiction,  would  be  one  of 
the  crimes  described  in  the  first  schedule  to  this  act, — and,  in  the  applica- 
tion of  this  act  to  the  case  of  any  extradition  arrangement,  means  any 
<^rinle  described  in  such  arrangement,  whether  comprised  in  the  said  sched- 
ule or  not; 

"  Conviction" — "  Convicted" — "  Accused  person." 

<c)  The  expressions  "conviction"  and  " convicted "  do  not  include  the 
case  of  a  condemnation  under  foreign  law  by  reason  of  contumacy ;  but  the 
expression  "  accused  person"   includes  a  person  so  condemned; 

"  Fugitive  criminal." 
{d)  The  expression   "  fugitive  "  and  "  fugitive  criminal  "  mean  a  person 
being,  or  suspected  of  being,  in  Canada  who  is  accu-sed  or  convicted  of  an 
axtraditiou  crime  committed  within  the  jurisdiction  of  any  foreign  state; 


EXTRADITION.  157 

''Foreign  state." 

(e)  The  expression  "foreign  state"  includes  every  colony,  deiiendency, 
and  constituent  part  of  the  foreign  state ;  and  every  vessel  of  any  such  state 
shall  be  deemed  to  be  within  the  jurisdiction  of  and  to  be  part  of  the  state  ; 

"  Warrant." 

(/)  The  expression  "warrant,"  in  the  case  of  a  foreign  state,  includes 
any  judicial  document  authorizing  the  arrest  of  a  person  accused  or  con- 
victed of  crime ; 

"Judge." 

(g)  The  expression  "judge  "  includes  any  person  authorized  to  act  judi- 
cially in  extradition  matters.     (40  V.,  c.  25,  s.  1.) 

APPLICATION   OF   ACT. 

As  to  existing  arrangements. 

3.  In  the  case  of  any  foreign  state  with  which  there  is,  at  or  after  the 
time  when  this  act  comes  into  force,  an  extradition  arrangement,  this  act 
shall  apply  during  the  continuance  of  such  arrangement ;  but  no  provision 
of  this  act  which  is  inconsistent  with  any  of  the  terms  of  the  arrangement 
shall  have  effect  to  contravene  the  arrangement;  and  this  act  shall  be  so 
read  and  construed  as  to  provide  for  the  execution  of  the  arrangement. 

As  to  Umifations,  qualifications,  and  exceptions. 

(2)  In  the  case  of  any  foreign  state  v.'ith  respect  to  which  the  apjilica- 
tion  to  the  United  Kingdom  of  the  act  of  the  parliament  of  the  United 
Kingdom,  passed  in  the  year  one  thousand  eight  hundred  and  seventy,  and 
intituled  "An  act  for  amending  the  laic  relating  to  the  extradition  of  crim- 
inals," i^  made  subject  to  any  limitation,  condition,  (lualilication,  or  ex- 
ception the  governor  in  council  shall  make  the  application  of  this  act, 
by  virtue  of  this  section,  subject  to  such  limitation,  condititm,  qualilication, 
or  exceiition. 

Orders  under  this  act  may  be  revoked. 

(13)  The  governor  in  council  may  at  any  time,  nsvoke  or  aller,  subject 
to  the  reMtrictions  of  this  act.  any  order  made  by  liim  In  council  under  this 
act,  and  all  the  provisions  of  this  act  with  respect  to  the  original  order 
shall,  HO  far  as  ap])licable,  apply  mutatus  mutandis  to  the  now  order.  (10  V., 
c.  2."),  H.  4.) 

//  the  application  of  this  act  dtpcndu  on  an  ordir  in  niuncil. 

4.  Tills  act,  so  far  as  its  application  in  the  case  of  any  foreign  state, 
dcpoiHlson  or  is  affected  by  any  onbjr  in  council  made  undi-r  thin  act,  or 
referred  to  therein,  shall  apply,  or  its  apidiiation  Khali  be  .-iffccted  from 
and  after  the  time  specilied  in  the  order,  or,  if  no  time  is  speeilied,  after  the 
date  of  the  publication  of  the  order  in  the  Canada  Gazette  : 


158  EXTRADITION. 

Fuhlication  of  orders  in  council. 

(2)  Any  order  of  Her  Majesty  in  council,  referred  to  in  this  act,  and  any 
order  of  the  governor  in  council  made  under  this  act,  and  any  extradition 
arrangement  not  already  published  in  tlie  Canada  Gazette,  shall  be,  as  soon 
as  possible,  published  in  the  Canada  Gazette  and  laid  before  both  houses  of 
Parliament : 

Effect  of  puMication  in  the  Canada  Gazette. 

(3)  The  publication  in  the  Canada  Gazette  o(  an  extradition  arrangement 
or  an  order  in  council  shall  lje  evidence  of  such  arrangement  or  order,  and 
of  the  terras  thereof,  and  of  the  application  of  this  act,  pursuant  and  sub- 
ject thereto;  and  the  court  or  judge  shall  take  judicial  notice,  without 
proof,  of  such  arrangement  or  order,  and  the  validity  of  the  order  and  the 
application  of  this  act,  pursuant  and  subject  thereto,  shall  not  be  ques- 
tioned.    (40  v.,  c.  25,  s.  5.) 

JUDGES  AND   COMMISSIONERS. 

JJ'liat  judges  may  act  in  cases  under  this  act. 

.5.  All  judges  of  the  superior  courts  and  of  the  county  courts  of  any 
province,  and  all  commissioners  who  are,  from  time  to  time,  appointed  for 
the  purpose,  in  any  province  by  the  governor  in  council  under  the  great 
seal  of  Canada,  by  virtue  of  this  act,  are  authorized  to  act  judicially  in  ex- 
tradition matters  under  this  act  within  the  province ;  and  every  such  per- 
son shall,  for  the  purposes  of  this  act,  have  all  the  powers  and  jurisdiction 
of  any  judge  or  magistrate  of  the  province  : 

No  haicas  corpus  poiver. 

(2)  Nothing  in  this  section  shall  be  construed  to  confer  on  any  judge 
any  jurisdiction  in  habeas  corpus  matters.     (40  V.,  c.  25,  s.  8.) 

EXTRADITION  FROM  CANADA. 

On  ivhat  grounds  a  tcarrant  may  issue. 

6.  Whenever  this  act  applies  a  judge  may  issue  his  warrant  for  the 
apprehension  of  a  fugitive  on  a  foreign  warrant  of  arrest,  or  an  informa- 
tion or  complaint  laid  before  him,  and  on  such  evidence  or  after  such  pro- 
ceedings, as  in  his  opinion  would,  subject  to  -the  provisions  of  this  act, 
justify  the  issue  of  his  warrant  if  the  crin:e  of  which  the  fugitive  is  accused 
or  alleged  to  have  been  convicted  had  been  committed  in  Canada: 

Report  to  minister  of  justice. 

(2)  The  judge  shall  forthwith  send  a  report  of  the  fact  of  the  issue  of 
the  warrant,  together  with  certified  copies  of  the  evidence  and  foreign 
warrant,  iL.formatiou,  or  complaint,  to  the  minister  of  justice.  (40  V.,  c. 
25,  8.  11.) 


'     EXTRADITION.  159 

Execution  ofxoarrant. 

7.  A  -warrant  issued  under  this  act  may  be  executed  in  any  part  of 
Canada,  in  the  same  manner  as  if  it  had  been  originally  issued,  or  subse- 
quently indorsed,  by  a  justice  of  the  peace  having  jurisdiction  in  the  place 
•where  it  is  executed.     (40  Y.,  c.  25,  s.  10.) 

Swrender  vot  to  defend  on  time  when  the  offence  ivas  committed,  etc. 

8.  Every  fugitive  criminal  of  a  foreign  state,  in  the  case  of  which  state 
this  act  applies,  shall  be  liable  to  be  apprehended,  committed,  and  sur- 
rendered in  the  same  manner  provided  iu  this  act,  whether  the  crime  or 
conviction  in  respect  of  which  the  suri'ender  is  sought  was  committed  or 
took  place  before  or  after  the  date  of  the  arrangement  or  of  the  coming  into 
force  of  this  act,  or  of  the  a])plication  of  this  act  in  the  case  of  such  state, 
and  whether  there  is  or  is  not  any  criminal  jurisdiction  in  any  court  of  Her 
Majesty's  dominions  over  the  fugitive  in  respect  of  the  crime.  (40  V.,  c. 
25,  s.  7.) 

Fugitive  to  he  brought  before  the  judge. 

9.  The  fugitive  shall  be  brought  before  a  judge,  who  shall,  subject  to 
the  provisions  of  this  act,  hear  the  case  in  the  same  manner,  as  nearly  as 
may  be,  as  if  the  fugitive  was  brought  before  a  justice  of  the  peace  charged 
with  an  indictable  offence  committed  in  Canada: 

Evidence  of  the  charge, 

(2)  The  judge  shall  receive  upon  oath,  or  affirmation  if  affirmation  is 
allowed  by  law,  the  evidence  of  anj'  witness  tendered  to  show  the  truth  of 
the  charge  or  the  fact  of  the  conviction  : 

Evidence  that  the  crime  is  not  an  extradition  crime. 

{'.i)  The  judge  sliall  receive,  iu  like  manner,  any  evidence  tendered  to  show 
that  tlie  crime  of  which  tht-.  fugitive  is  accused  or  alleged  to  have  been  con- 
victed is  an  offense  of  a  itolitical  character,  <  r  is,  for  any  otlier  reason,  not 
an  extradition  crime ;  or  tliat  the  proceodi  gs  are  being  taken  with  a  view 
to  prosecute  riiunisli  liini  for  :in  olTcncf  ofa  political  character..  (10  V.,  c. 
25,  8.  12.) 

Depositions  taken  out  of  Canada,  when  admissible  in  evidence. 

10,  Depositions  or  statements  taken  in  a  foreign  vtato  on  oath,  or  on 
afTntnation  wliort!  affirmation  iMalb)W(Ml  l>y  llin  law  of  tlio  state,  and  (■oi)ies 
f)f  such  depositions  or  statements,  and  foreign  certilicates  of,  or  judicial 
documents  stating  the  fact  of  conviction,  may,  if  duly  autlieuticated,  bo 
received  in  evidence  in  proceedings  under  tiiis  act: 

When  such  depositions  are  to  be  deemed  duly  authenticated. 

(2)  Snch  papers  sliall  be  deemrtl  duly  authenticated  if  authouticatod  in 
manner  provided,  for  the  time  being,  by  law,  or  if  autlieuticated  as  fol- 
lows: 


160  EXTRADITION. 

(a)  If  the  warrant  purports  to  be  signed  by,  or  the  certificate  purports 
to  be  certified  l>y,  or  the  depositions  or  statements,  or  the  copies  thereof, 
purport  to  bo  certified  to  be  the  originals  or  true  copies,  by  a  judge,  magis- 
trate, or  oflScer  of  the  foreign  state  ; 

(h)  And  if  the  papers  are  authenticated  by  the  oath  or  affirmation  of 
some  witness,  or  by  being  sealed  with  the  official  seal  of  the  minister  of 
justice,  or  some  other  minister  of  the  foreign  state,  or  of  a  colony,  depend- 
eucy,  or  constituent  part  of  the  foreign  state,  of  which  seal  the  judge  shall 
take  judicial  notice  without  proof.     (40  V.,  c.  25,  s.  9.) 

What  evidence  shall  ie  sufficient  to  justify  committal. 

11.  If,  in  the  case  of  a  fugitive  alleged  to  have  been  convicted  of  an  ex- 
tradition crime,  such  evidence  is  produced'  as  would,  according  to  the  law 
of  Canada,  subject  to  the  provisions  of  this  act,  prove  that  he  was  so  con- 
victed, and  if,  iu  the  case  of  a  fugitive  accused  of  an  extradition  crime, 
such  evidence  is  produced  as  would,  according  to  the  law  of  Canada,  sub- 
ject to  the  provisions  of  this  act,  justify  his  committal  for  trial  if  the 
crime  had  been  committed  in  Canada,  the  judge  shall  issue  his  warrant  for 
the  committal  of  the  fugitive  to  the  nearest  convenient  prison,  there  to 
remain  until  surrendered  to  the  foreign  state,  or  discharged  according  to 
law;  but  otherwise  the  judge  shall  order  him  to  be  discharged.  (40  V.,  c. 
25,  s.  13.) 

Duty  of  judge  (')  to  fugitive  ;  (2)  to  minister  of  justice. 

12.  If  the  judge  commits  a  fugitive  to  prison,  he  shall,  on  such  com- 
mittal— 

(a)  Inform  him  that  he  will  not  be  surrendered  until  after  the  expiration 
of  fifteen  days,  and  that  he  has  a  right  to  apply  for  a  writ  of  haieas  corpus; 
and 

(6)  Transmit  to  the  minister  of  justice  a  certificate  of  the  committal,  with 
a  copy  of  all  the  evidence  taken  before  him  not  already  so  transmitted, 
and  such  report  upon  the  case  as  he  thinks  fit.     (40  V.,  c.  25,  s.  14.) 

By  whom  requisition  for  surrender  may  he  made. 

13.  A  requisition  for  the  surrender  of  a  fugitive  criminal  of  a  foreign 
state  who  is,  oris  suspected  to  be  in  Canada,  may  be  made  to  the  minister 
of  justice  by  any  person  recognized  by  him  as  a  consular  officer  of  that 
state  resident  at  Ottawa,  or  by  any  minister  of  that  state  communicating 
with  the  minister  of  justice  through  the  diplomatic  representative  of  Her 
Majesty  in  that  state,  or  if  neither  of  these  modes  is  convenient,  then  in 
sdch  other  mode  as  is  settled  by  arrangement.     (40  V.,  c.  25,  s.  15. ) 

When  the  fugitive  shall  not  ie  liable  to  surrender. 

14.  No  fugitive  shall  be  liable  to  surrender  under  this  act  if  it  appears — 

(a)  That  the  offence  iu  respect  of  which  proceedings  are  taken  under  this 
act  is  one  of  a  political  character ;  or, 

(b)  That  such  proceedings  are  being  taken  with  a  view  to  prosecute  or 
punish  him  for  an  offence  of  a  political  character.     (40  V.,  c.  25,  s.  6. ) 


EXTRADITION.  161 

In  cases  specified  minister  may  refuse  to  male  order  of  surrender  and  may  can- 
cel order  already  made. 

15.  If  the  minister  of  justice  at  any  time  determines— 

(a)  That  the  offence  in  respect  of  which  proceedings  are  being  taken 
under  this  act  is  one  of  a  political  character; 

(&)  That  the  proceedings  are,  in  fact,  being  taken  with  a  view  to  try  or 
pnnish  the  fugitive  for  an  offence  of  a  political  character ;  or, 

(c)  That  the  foreign  state  does  not  intend  to  make  a  requisition  for  sur- 
render— 

He  may  refuse  to  make  an  order  for  surrender,  and  may,  by  order  under 
his  hand  and  seal,  cancel  any  order  made  by  him,  or  any  warrant  issued  bv 
a  judge  under  this  act,  and  order  the  fugitive  to  be  discharged  out  of 
custody  on  any  committal  made  under  this  act ;  and  the  fugitive  shall  be 
discharged  accordingly.     (40  V.,  c.  25,  s.  1(5;  45  V.,  c.  20,  s.  1. ) 

Delay  before  surrendei\ 

16.  A  fugitive  shall  not  be  surrendered  until  after  the  expiration  of  fifteen 
days  from  the  date  of  his  committal  for  surrender,  or  if  a  writ  of  haheas 
corpus  is  issued,  until  after  the  decision  of  the  court  reuiaudiug  him: 

If  fugitive  is  an  offender  under  Canadian  laiv. 

(2)  A  fugitive  who  has  been  accused  of  an  ofSence  within  Canadian  juris- 
diction, not  being  the  offence  for  which  his  surrender  is  asked,  or  who  is 
undergoing  sentence  under  a  conviction  in  Canada,  shall  not  be  surrendered 
until  after  he  has  becu  discharged,  whether  by  acquittal  or  by  expiration 
of  his  seiit«ute,  or  otherwise.     (40  V.,  c.  25,  s.  17.) 

Minister  may  order  surrender  of  fugitive  to  officer  of  a  foreign  state. 

17.  Subject  to  the  provisions  of  this  act,  the  minister  of  justice,  upon  the 
requisition  of  the  foreign  state,  may,  under  his  hand  and  seal,  order  a  fugi- 
tive who  has  been  conuniited  for  surrender  to  be  surrendered  to  the  per- 
son or  persons  who  are,  in  his  opinion,  duly  authorized  to  receive  him  iu 
the  name  and  on  behalf  of  the  foreign  state,  and  he  shall  be  so  surrendered 

accordingly  : 

Powers  of  such  office 

(2)  Any  person  to  whom  such  order  is  directed  may  deliver,  and  the  per- 
son so  authorized  may  receive,  hold  in  custody,  uud  convey  the  fugitive 
within  the  jurisdiction  of  the  foreign  state;  and  if  he  escapes  out  of  any 
custody  to  which  he  is  delivered,  on  or  in  ])urHuance  of  such  order,  he  may 
be  retaken  in  the  same  manner  as  any  person  accused  or  convicted  of  any 
crime  against  the  laws  of  Canada  may  be  retaken  on  an  escape.     (40  Y., 

0.25,8.18.) 

J'roprrig  found  on  fugitive. 

18.  Everything  found  in  thr  ixmseHsion  of  tln'  fugitive  at  the  tiiuo  of  his 
arrest,  which  may  be  material  as  evidence  in  ninking  proof  of  tiie  crime, 
may  be  delivered  up  with  the  fugitive  on  his  surrender,  subject  to  all 
rights  of  third  persons  with  regard  thereto.     (40  V.,  c.  25,  s.  VJ.) 

S.  Ex.  55 11 


162  EXTEADITION. 

Fugitire  to  he  conveyed  out  of  Canada  within  a  certain  time;  or  may  he  released 

by  habeas  corjms. 

19.  If  a  fugitive  is  not  snrreudered  and  conveyed  out  of  Canada  within 
two  mouths  after  his  committal  for  surrender,  or  if  a  writ  of  habeas  corpus 
is  issued,  within  two  montlis  after  the  decision  of  the  court  on  such  writ, 
over  and  above,  in  either  case,  the  time  required  to  convey  him  from  the 
prison  to  wliich  he  hns  been  committed  by  tlie  readiest  way  out  of  Canada, 
any  one  or  more  of  the  judges  of  the  superior  courts  of  the  province  in 
which  such  person  is  confined,  having  jiower  to  grant  a  writ  of  habeas  cor- 
pus, may,  upon  apidication  made  to  him  or  them  by  or  on  behalf  of  the 
fugitive,  and  on  proof  that  reasonable  notice  of  the  intention  to  make  such 
application  has  been  given  to  the  minister  of  justice,  order  the  fugitive  to 
be  discharged  out  of  custody,  unless  sufficient  cause  is  shown  against  such 
discharge.     (40  V.,  c.  25,  s.  20). 

Forms  valid. 

20.  The  forms  set  forth  in  the  second  schedule  to  this  act,  or  forms  as 
near  thereto  as  circumstances  admit  of,  may  be  used  in  the  matters  to 
which  such  foi«ms  refer,  and,  when  used,  shall  be  deemed  valid.  (40  V.,  c. 
25^  s.  21.) 

EXTRADITION  FROM  A  FOREIGN  STATE. 

Requisition  for  a  fugitive  from  Canada,  hoio  made. 

21.  A  requisition  for  the  surrender  of  a  fugitive  criminal  from  Canada, 
who  is  or  is  suspected  to  be  in  any  foreign  state  with  which  there  is  an  ex- 
tradition arrangement,  jnay  be  made  by  the  minister  of  justice  to  a  consular 
officer  of  that  state  resident  at  Ottawa,  or  to  the  minister  of  justice  or  any 
other  minister  of  that  state,  through  the  diplomatic  representative  of  Her 
Majesty  in  that  state ;  or,  if  neither  of  these  modes  is  convenient,  then  in 
such  other  mode  as  is  settled  by  arrangement.     (40  V.,  c.  25,  s.  22.) 

Qonveyance  of  fugitive  surrendered. 

22.  Any  person  accuse'd  or  convicted  of  an  extradition  cnme,  who  is  sur- 
rendered by  a  foreign  state,  may,  under  the  warrant  for  his  surrender  is- 
sued in  such  foreign  state,  be  brought  into  Canada  and  delivered  to  the 
proper  authorities,  to  be  dealt  with  according  to  law. 

Fugitive  surrendered  by  a  foreign  stale  not  punishable  contrary  to  arrangement. 

23.  Whenever  any  person  accused  or  convicted  of  an  extradition  crime  is 
surrendered  by  a  foreign  state,  in  pursuance  of  any  extradition  arrange- 
ment, such  person  shall  not,  until  after  he  has  been  restored  or  has  had  an 
opportunity  of  returning  to  the  foreign  state  within  the  meaning  of  the 
ariangemt-nt,  be  subject  in  contravention  of  any  of  the  terms  of  the  arrange- 
ment, to  any  prosecution  or  punishment  in  Canada  for  any  other  offence 
committed  prior  to  his  surrender,  for  which  he  should  not,  under  the  ar- 
rangement, be  prosecuted.     (40  V.,  c.  25,  s.  23.) 


EXTRADITION.  163 

LIST   OF   CRIMES. 

How  list  of  crimes  in  schedule  shall  he  construed. 

24.  The  list  of  crimes  in  the  first  schedule  to  this  act  shall  be  construed 
according  to  the  law  existing  iu  Canada  at  the  date  of  the  alleged  crime, 
•whether  by  common  law  or  by  statute  made  before  or  after  the  passing  of 
this  act,  and  as  including  only  such  crimes,  of  the  descriptions  comprised 
in  the  list,  as  are,  under  that  law,  indictable  offences.  (40  V.,  c.  25,  second 
schedule,  jjarf.) 

First  Schedule. 

List  of  crimes. 

(1)  Murder,  or  attemi^t  or  conspiracy  to  murder. 

(2)  Manslaughter. 

(3)  Counterfeiting  or  altering  money,  and  uttering  counterfeit  or  altered 
money. 

(4)  Forgery,  counterfeiting  or  altering,  or  uttering  what  is  forged,  coun- 
terfeited, or  altered. 

(5)  Larceny. 

(6)  Embezzlement. 

(7)  Obtaining  money  or  goods  or  valuable  securities  by  false  pretences. 

(8)  Crimes  against  bankruptcy  or  insolvency  law. 

(U)  Fraud  by  a  bailee,  banker,  agent,  factor,  trustee,  or  by  a  director  or 
member  or  officer  of  any  company,  which  fraud  is  made  criminal  by  any 
act  for  the  time  being  in  force. 

(10)  Rape. 

(11)  Abduction. 

(12)  Child  stealing. 

(13)  Kidnapping. 

(14)  False  imprisonment. 

(i:>)  Burglary,  house-breaking,  or  shop-breaking. 

(16)  xVrson. 

(17)  Robbery. 

(18)  Threats,  by  letter  or  otherwise,  with  intent  to  extort. 
(I'J)  Perjury  or  siiboruatiun  of  perjury. 

(20)  Piracy  by  municipal  law  or  law  of  nations,  committed' on  board  of 
or  against  a  vessel  of  a  foreign  state. 

(21)  Criminal  scuttling  or  destroying  such  a  vessel  at  sea,  whether  on 
the  high  seas  or  on  the  Groat  Lakes  of  North  America,  or  attempting  or  cou- 
spirin;;  to  do  so. 

(22)  Assault  on  board  such  vessel  at  sea,  whether  on  tlit^  high  st-us  or  on 
the  Great  Lakes  of  North  America,  with  intent  to  dcvstn.y  life  or  to  do  grii-v- 
oiis  bodily  harm. 

(23)  Revolt,  or  conspiracy  (o  revoli,  Ity  two  or  ni<ii<'  p.-rsons  on  ImmkI 
such  a  vessel  atse,a,  whether  on  the  high  seas  or  on  (li<i  Gn-nl  Lakes  of  N'nrlii 
America,  against  the  authority  of  the  nmster. 

(24)  Any  oflence  under  either  of  the  following  acts,  and  not  incln.h  .1  in 
any  foregoing  porti(ui  of  this  schedule: — 

{a)  "  An  act  respect iM^'  ollenees  against  the  person." 
(b)  "The  larceny  act. 


164  EXTRADITIOX. 

(c)  "  An  act  respecting  forgery. 

(d)  "  An  act  respecting  oifences  relating  to  the  coin." 

(e)  "An  act  respecting  malicious  injuries  to  property." 

(25)  Any  oft'ence  which  is,  in  the  case  of  the  principal  offender,  included 
in  any  foregoing  portion  of  this  schedule,  and  for  which  the  fugitive  crim- 
inal, though  not  the  principal,  is  liable  to  be  tried  or  punished  as  if  he  were 
the  principal.     (40  V.,  c.  25,  second  schedule,  part.) 

Second  Schedule. 

FORM  ONE. 
,  Form  of  warrant  of  apprehension. 


To  wit,  to  all  and  each  of  the  constables  of 

Whereas  it  has  been  shown  to  the  undersigned,  a  judge  under  "  the  ex- 
tradition act,"  that  late  of  is  accused  {or  convicted) 
of  the  crime  of           within  the  jurisdiction  of 

This  is  therefore  to  command  you,  in  Her  Majesty's  name,  forthwith  to 
apprehend  the  said  and  to  bring  him  before  me,  or  some  other 

judge  under  the  said  act,  to  be  further  dealt  with  according  to  law  ;  for 
which  this  shall  be  your  warrant. 

Given  under  my  hand  and  seal  at  this  day  of       A.  D. 

FORM  TWO. 

Form  of  warrant  of  commitial. 


To  wit,  to  one  of  the  constables  of  and  to  the  keeper  of 

the  at 

Be  it  remembered  that  on   this  day  of  in   the  year  at 

is  brought  before  me  a  judge  under  "  the  extradition  act," 

who  has  been  apprehended  under  the  said  act,  to  be  dealt  with 
according  to  law  ;  and  forasmuch  as  I  have  determined  that  he  should  be 
surrendered  in  pursuance  of  the  said  act,  on  the  ground  of  his  being  ac- 
cused {or  convicted)  of  the  crime  of  within  the  jurisdiction  of 

This  is  therefore  to  command  you,  the  said  constable,  in  Her  Majesty's 
name,  forthwith  to  convey  and  deliver  the  said  into  the  custody 

of  the  keeper  of  the  at  and  you,  the  said  keeper,  to  receive  the 

said  into  your  custody,  aud  him  there  safely  to  keep  until  he  is 

thence  delivered  pursuant  to  the  provisions  of  the  said  act,  for  which  this 
shall  be  your  warrant. 

Given  under  my  hand  aud  seal  at  this  day  of  A.  D. 

FORM  THREE. 

Form  of  order  of  minister'  of  justice  for  surrender. 

To  the  keeper  of  the  at  and  to 

Whereas  late  of  accused  (or  convicted)  of  the  crime  of 

within  the  jurisdiction  of  was  delivered  into  the  custody  of  you, 

the  keeper  of  the  at  by  warrant  dated  pursuant  to  "  the 

extradition  act." 


EXTRADITION.  165 

Now  I  do  hereby,  in  piirsuauce  of  the  said  act,  order  you,  the  said  keeper, 
to  deliver  the  said  into  the  custody  of  the  said  ;  and  I 

command  yon,  the  said  to  receive  the  said  into  your  cus- 

tody, and  to  convey  him  within  the  jurisdiction  of  the  said  and  there 

place  him  in  the  custody  of  any  person  or  pt^rsous  {or  of  )  ap- 

pointed by  the  said  to  receive  him ;  for  which  this  shall  be  your 

warrant. 

Given  under  the  hand  and  seal  of  the  undersigned  minister  of  Justice  of 
Canada,  this  day  of  A.  D.         .     (40  V.,  c.  25,  third  schedule). 

iVX   ACT   TO    EXTEND   THE    PROVISIONS    OF   THE    EXTHADITION    ACT. 
^  [52  Vict.,  c.  36.1 

[Assented  to  2nd  May,  1889.] 

Whereas  it  is  expedient  to  make  further  provision  for  the  extradition 
from  Canada  of  fugitive  otl'enders  from  foreign  states:  Therefore  Her  Maj- 
esty, by  and  with  the  advice  and  consent  of  the  senate  and  house  of  com- 
mons of  Canada,  enacts  as  follows : 

Fugitive  offenders  ma)/  be  surrendered  though  there  is  no  convention — Provisions 
of  Eeviscd  Statutes  of  Canada,  c.  142,  to  govern. 

1.  In  case  no  extradition  arrangement,  within  the  meaning  of  "  the  ex- 
tradition act,"  exists  between  Her  Majesty  and  a  foreign  state,  or  in  case 
such  an  extradition  arrangement,  extending  to  Canada,  exists  between  Her 
Majesty  and  a  foreign  state,  but  does  not  include  the  crimes  mentioned  in 
the  .schedule  to  this  act,  it  shall,  nevertheles.s,  be  lawful  for  the  minister 
of  justice  to  issue  his  warrant  for  the  surrender  to  such  foreign  state  of 
any  fugitive  offender  from  such  foreign  state  charged  with  or  convicted 
of  any  of  the  crimes  mentioned  in  the  schedule  to  this  act:  Provided  al- 
ways, that  the  arrest,  committal,  detention,  surrender,  and  conveyance  out 
of  Canada  of  such  fugitive  oiiender  shall  bo  governed  by  tiie  provisions  of 
"  the  extradition  act,"  and  that  all  the  provisions  of  the  said  act  shall  apply 
to  all  steps  ami  proceedings  in  relation  to  such  arrest,  committal,  detention, 
Burrendin-,  and  conveyance  out  of  Canada  in  the  same  manner  and  to  the 
same  extent  astliey  would  apply  if  the  said  crinuiS  wi-n"  included  and  speci- 
licd  in  an  extradition  arrangcuicnt  Itolweun  Her  Majesty  and  tlie  foreign 
etate,  extending  to  Canada. 

As  to  costs. 

2.  All  expenses  connected  witli  the  arrest,  committal,  detention,  sur- 
render, and  conveyance  out  of  Canada  of  any  fugitive  oll'cndcr  under  this 
act  shall  be  borne  by  tin;  foreign  state  ai>iilyiug  for  tlie  surrender  of  such 
fugitive  offender. 

Law  of  Canada  to  govern  as  to  crimes. 

3.  The  list  r)f  crimes  in  the  schedule  to  this  act  shall  bo  constrncd  accord- 
ing to  the  law  existing  in  Canada  at  the  dale  of  the  commission  of  the  al- 
leged crime,  wliotlwir  by  conimon  law  or  by  statutii  made  before  or  aftiT 
the  coming  into  force  of  this  act,  and  as  including  oidy  such  crimes,  of 
the  description  comprised  in  the  list,  as  are,  under  tlnit  law,  indictablo 
offences : 


166  EXTRADITIOX. 

Application  of  act. 

(2)  The  proTisious  of  this  act  shall  apply  to  any  crime  mentioned  in  the 
Baid  schedule,  committed  after  the  coming  into  force  of  this  act,  as  regards 
any  foreign  state  as  hereinafter  provided. 

Coming  into  force  of  act. — Abrogation  iy  proclamation. 

4.  The  foregoing  provisions  of  this  act  shall  not  come  into  force  with 
respect  to  fugitive  offenders  from  any  foreign  state  until  this  act  shall  have 
been  declared  by  proclamation  of  the  governor-general  to  be  in  force  and 
effect  as  regards  such  foreign  state,  from  and  after  a  day  to  be  uanjed  in 
such  proclamation;  and  the  provisions  of  this  act  shall  cease  to  have  any 
force  or  effect  with  respect  to  fugitive  offenders  from  any^oreign  state,  if 
by  proclamation  the  governor-general  declares  this  act  to  be  no  longer  in 
operation  as  regards  such  foreign  state. 

Day  to  he  named. 

(2)  The  day  from  and  after  which,  in  such  case,  the  provisions  of  this- 
act  shall  cease  to  have  force  and  effect  shall  be  a  day  to  be  named  in  such 
proclamation. 

When  warrant  may  not  te  issued. 

5.  This  act  shall  not  authorize  the  issue  of  a  warrant  for  the  extradi- 
tion of  any  person  under  the  provisions  of  this  statute,  to  any  state  or 
country  in  which  by  the  law  in  force  in  such  state  or  country,  such  person 
may  be  tried  after  such  extradition  for  any  other  offence  than  that  for 
which  he  has  been  extradited,  unless  an  assurance  shall  first  have  been 
given  by  the  executive  authority  of  such  state  or  country,  that  the  person 
whose  extradition  has  been  claimed  shall  not  be  tried  for  any  other  offence 
than  that  on  account  of  which  such  extradition  has  been  claimed. 

SCHEDULE. 

(1)  Murder,  or  attempt  or  conspiracy  to  murder. 

(2)  Manslaughter. 

(3)  Counterfeiting  or  altering  money  and  uttering  counterfeit  or  altered 
money . 

(4)  Forgery,  counterfeiting  or  altering,  or  uttering  what  is  forged,  coun- 
terfeited or  altered. 

(5)  Larceny. 

(6)  Embezzlement. 

(7)  Obtaining  money  or  goods  or  valuable  securities  by  false  pretences. 

(8)  Rape. 

(9)  Abduction  ;  indecent  assault. 

(10)  Child  stealing. 

(11)  Kidnapping. 

{.2)  Burglary,  house-breaking  or  shop-breaking. 

(13)  Arson. 

(14)  Robbery. 

(15)  Fraud  committed  by  a  bailee,  banker,  agent,  factor,  trustee  or  mem- 
ber or  public  officer  of  any  company  or  municipal  corporation,  made  criminal 
by  any  law  for  the  time  being  in  force. 


KXTRADITIOX.  167 

(16)  Any  malicions  act  done  with  intent  to  endanger  persons  in  a  rail- 
way train. 

(17)  Piracy  by  municipal  law  or  law  of  nations,  committed  on  board  of 
or  against  a  vessel  of  a  foreign  state. 

(18)  Criminal  scuttling  or  destroying  such  a  vessel  at  sea,  whether  on 
the  high  seas  or  on  the  Great  Lakes  of  North  America,  or  attempting  or 
conspiring  to  do  so. 

(19)  Assault  on  board  such  a  vessel  at  sea,  whether  on  the  high  seas  or 
on  the  Great  Lakes  of  North  America,  with  intent  to  destroy  life  or  to  do 
grievous  bodily  harm. 

(20)  Eevolt,  or  consjjiracy  to  revolt,  by  two  or  more  persons  on  board 
such  a  vessel  at  sea,  whether  on  the  high  seas  or  on  the  Great  Lakes  of 
North  America,  against  the  authority  of  the  master. 

(21)  Administering  drugs  or  using  instruments  with  intent  to  procure 
the  mjscaniage  of  a  woman. 

(22)  Any  oflfence  which  is,  in  the  case  of  the  principal  offender,  included 
in  any  foregoing  portion  of  this  schedule,  and  for  which  the  fugitive  crim- 
inal, though  not  the  principal,  is  liable  to  be  tried  or  punished  as  if  he 

were  the  principal. 

Note. — This  act  has  not  yet  come  into  force,  not  having  been  as  yet 
allowed  by  the  Imperial  Government. 


HAWAII. 


February  20, 1889,  Mr.  Merrill  made  the  following  report : 

Sin :  Referring  to  Department  circular  of  November  26,  1888,  respecting 
international  extradition,  I  have  the  honor  to  inform  you  that  the  subject, 
so  far  as  it  relates  to  the  Kingdom  of  Hawaii,  is  fully  discussed  in  the  case 
of  Johu  W.  McCarthy,  decided  by  thesupreme  court  of  Hawaii,  in  February, 
1886,  and  as  in  that  decision  all  the  laws  of  the  kingdom  and  rules  of  the 
Government,  appertaining  to  the  subject  of  extradition,  are  quoted  and 
commented  on  by  all  the  judges,  I  enclose  copies  of  the  same  as  the  best 
authoritative  information  (or  thivDi-partmeut  in  the  matter. 

The  only  conventional  obligation  of  the  Government  of  Hawaii  to  extra- 
dite is  with  the  United  States,  an<l  is  contained  in  ArticL-  XIV  of  the  treaty 
with  the  United  States,  ratifled  August  II),  IboO. 

I  have,  etc., 

Geo.  W.  MkrriU" 


[Incloflnre  1— Hawaiian  Gazette,  TufBday,  Feliruary  10, 1880.] 

Sirpreme  Conrt  of  the  Hawaiian  Inlands.— In  the  matter  of  John  W.  McCar- 
thy. Tuesday,  February  9th.  Before  Judd,  C.  J.,  McCully  and  rreston, 
.I.J. 

Oiiinion  of  the  court  by  PiiKSTON,  ./.  ; 

On  the  2oth  day  of  January  last  an  information  was  laid  by  the  attorney- 
general  before  the  chief-justice,  alleging  that  John  W.  McCarthy  was  guilty 
of  th'-  cTim>'*of  embezzl.iiicnt  as  a  ])ublio  oOicer  (clerk  of  the  supreme 
court  of  the  State. >f  California),  and  that  the  grand  jury  for  tho  city  and 


1(3S  EXTRADITIOX. 

county  of  Sau  Francisco  had,  on  the  15th  day  of  January,  found  a  true  bill 
of  indictment  in  the  superior  court  of  the  said,  city  and  county  against  the 
said  McCarthy  for  such  crime,  and  that  a  warrant  had  been  issued  from  the 
said  court  for  the  apprehension  of  the  said  McCarthy,  and  that  said  McCar- 
thy had  left  San  Francisco  and  was  then  residing  in  Honolulu,  and  that  a 
requisition  for  the  surrender  of  the  said  McCarthy,  under  the  hand  of  the 
governor  of  the  State  of  California  and  the  great  seal  of  the  State,  had 
been  sent  to  His  Majesty's  Government,  and  ]irayiug  for  an  order  from  the 
chief-justice  for  the  arrest  of  the  said  McCarthy,  in  order  that  he  might 
be  delivered  to  the  oflBcer  sent  to  receive  him. 

The  chief-justice  thereupon  caused  a  warrant  to  be  issued,  under  which 
McCarthy  was  arrested  and  brought  before  his  honor  on  the  26th. 

The  attorney-general  appeared  on  behalf  of  the  prosecution. 

Mr.  Whiting  appeared  for  the  prisoner  and  pleaded  to  the  jurisdiction  ou 
the  grounds — 

1st.  That  the  warrant  issued  sets  forth  no  crime  or  accusation  of  crime. 

I^nd.  That  the  crime  for  which  extradition  is  sought  is  "  embezzlement," 
and  that  "embezzlement  "  committed  in  a  foreign  country,  viz,  the  United 
States,  is  not  an  ofi'ense  or  crime  for  which  the  person  can  be  extradited. 

3rd.  That  the  demand  for  extradition  is  made  through  the  governor  of 
the  State  of  California,  and  that  there  is  no  authority  in  law  for  said  gov- 
ernor to  malie  such  demand. 

4ih.  That  the  affidavit  and  complaint  are  made  by  the  attorney-general 
of  this  kingdom,  and  that  the  attorney-general  can  not  properly  or  legally 
make  such  complaint  or  be  complainant  herein. 

The  chief-justice  overruled  the  pleas,  and  on  February  Ist  the  case  came 
up  for  hearing  and  evidence  was  introduced.     It  consisted  of — 

1.  A  request  by  George  Stoueman,  governor  of  the  State  of  California, 
attested  by  the  secretary  of  state  of  California,  under  the  great  seal  of  the 
State,  dated  the  16th  of  January,  18a6,  to  "His  Eoyal  Highness  the  King 
of  the  Hawaiian  Islands,"  for  the  apprehension  and  delivery  to  one  Joseph 
Bee,  who  is  duly  authorized  to  receive  him,  of  one  John  W.  McCarthy,  who 
stands  charged  with  the  crime  of  embezzlement  committed  within  the 
county  of  San  Francisco. 

2.  Copy  of  an  indictment  in  the  superior  court  of  the  city  and  county  of 
San  Francisco,  State  of  California,  against  the  said  John  W.  McCarthy,  in 
which  he  is  accused  by  the  grand  jury  of  the  city  and  county  of  San  Fran- 
cisco with  the  crime  of  embezzlement,  in  that  he  was  on  or  about  the  28th 
day  of  February,  1885,  the  duly  elected,  qualitied,  and  acting  clerk  of  the 
supreme  court  of  the  State  of  California,  and  by  virtue  of  his  trust  as  such 
of&cer  there  came  into  his  possession  and  control  (§550)  tivo  hundred  and 
fifty  dollars  of  the  property  of  the  State  of  California,  and  which  he,  at  the 
city  and  county  of  San  Francisco,  on  the  28ih  of  February,  1885,  wilfully 
unlawfully,  fraudulently,  and  feloniously,  did  appropriate  to  his  own  use, 
contrary  to  the  due  and  lawful  execution  of  his  said  trust  and  contrary  to 
the  form,  &c.,  of  the  statute,  &c.  This  is  signed  by  J.  N.  E.  Wilson,  dis- 
trict attorney,  endorsed  a  "true  bill"  by  E.  M.  Burns,  foreman  of  the  grand 
jury,  and  certified  by  Jas.  J.  Flynn,  the  clerk  of  the  superior  court,  as 
having  been  presented  in  open  court  by  the  foreman  of  the  grand  jury,  and 
filed  as  a  record  of  said  court  on  the  15th  of  January,  1886. 


EXTRADITIOX.  169 

3.  Copy  of  a  bencli-warraut  issued  ou  the  iudictmeut  by  order  of  the 
cotirt,  and  attested  bj-  Jas.  J.  Flyuu,  the  clerk,  dated  the  15th  of  Jauuary, 
1886,  for  the  arrest  forthwith  of  said  Johu  W.  McCarthy. 

4.  Original  affidavit  or  return  of  William  Bronghton,  a  police  officer  of 
the  city  and  county  of  San  Francisco,  that  be  received  the  annexed  warrant 
for  the  arrest  of  John  W.  McCarthy  and  that  he  made  diligent  search  for 
him,  &c.,  aud  avers  upon  information  and  belief  that  ho  has  tied  from  jus- 
tice in  the  State  of  California,  and  has  taken  refuge  in  the  Kingdom  of 
Hawaii.  This  is  sworn  to  before  a  deputy  clerk  of  the  superior  court. 
These  three  last  papers,  to  wit,  the  indictment,  bench-warrant,  and  affidavit 
of  William  Bronghton,  are  certitied  to  by  Jas.  J.  Flyun,  clerk  of  the  said 
superior  court,  under  the  said  seal  of  the  said  court,  as  a  full  and  complete 
exemplilication  of  the  papers  and  proceedings  in  the  case  of  The  Peo))le  of 
the  State  of  California  vs.  J.  W.  McCarthy.  The  genuineness  of  this  oertiti- 
cate  and  signature  is  attested  by  M.  A.  Edmunds,  presiding  judge  of  the 
superior  court  of  the  city  and  county  of  San  Francisco,  and  this  is  in  turn 
certified  to  and  authenticated  by  Jas.  J.  Flynn,  clerk  as  aforesaid.  The 
genuineness  of  the  seals  aud  of  the  signatures  of  Judge  Edmunds  and  Jas. 
.J.  Flyun,  the  clerk,  were  proved  to  the  satisfaction  of  the  chief-justice  by 
competent  evidence.  The  testimony  of  Joseph  Bee,  a  police  officer  of  the 
city  and  county  of  San  Francisco,  was  takeu,  that  he  knew  the  Johu  W. 
McCarthy,  then  in  court,  to  be  the  Johu  W.  McCarthy  who  was  in  Febru- 
ary, 1885,  clerk  of  th.-  supreme  court  of  the  State  of  California,  and  who  is 
charged  in  the  indictment  with  embezzlement  of  public  funds.  Evidence  of 
the  statutes  of  California  as  to  the  constitution  and  jurisdiction  of  the  su- 
perior court  of  California,  the  functions  of  the  grand  jury,  the  nature  of  an 
indictment  found  by  it,  the  nature  of  the  crime  of  embezzlement,  &c..  was 
also  given. 

The  chief-justice  rendered  his  decision  (which  is  on  file)  on  tiie  4th  of 
February,  and  thereupon  certified  to  His  Majesty's  minister  of  foreign  affairs, 
that— 

"The  chief-justice  now  finds  that  the  above-named  John  W.  McCarthy  is 
charged  with  the  crime  of  embezzlement  committed  by  him  as  a  public 
officer  of  the  State  of  California  aud  eulrustod  with  the  custody  of  jMiblic 
funds  belonging  to  said  Stato  while  such  officer; 

"That  said  crime  constitutes  a  felony  liy  tiie  laws  of  saiil  Statn  of  Cali- 
fornia and  is  a  crime  within  the  meaning  of  secticm  44'Jof  the  Civil  Coileof 
the  Hawaiian  Islands; 

"That  the  evidence  addnciMl  on  the  hi-aring  aforesaid  is  Hnllicient  to 
sustain  the  charge  made  against  the  saiil  John  W.  McCarthy,  and  that  the 
said  John  W.  McCarthy  is  a  fugitive  from  justice." 

On  reci'ipt  of  this  certifujate  ijie  minister  of  foreign  alVaiis  issncn  ins 
warrant  for  the  arrest  -ind  surn-nder  of  the  iiccnsed. 

The  accused  having  been  arrested,  he  ap]died  Ut  Mr.  Justice  Tn'ston,  in 
chainbers,  on  the  5th  iiist.,  for  a  writ  of  luibeas  corpus,  whicli  was  granted, 
and  on  the  same  day  the  accused  was  iiroduced  before^  such  just  i<<'  and  his 
detention  jn»titied  under  tlie  minister'H  warrant.  At  the  request  of  the 
parties  the  judge  discharged  the  writ  pro  forma  in  order  that  an  imniediato 
appeal  might  be  takeu,  an<l  the  accMiwHl  was  remanded  in  custody. 

The  appeal  cauus  on  for  liearing  on  the  Otb  inst.,  and  was  -irgucd  by  Mr. 
Whiting  for  the  appellant  and  the  attorucy-goneral  contra. 


170  exteaditio2h\ 

The  followiug  points  were  taken  by  counsel  for  the  appellant : 
"1.  That  the  State  of  California  is  not  a  sovereign  power  and  therefore 
this  Government  can  not  recognize  its  demand  for  petitioner's  extradition. 

2.  Our  treaty  and  intercourse  is  all  with  the  United  States  and  no  person 
can  or  should  be  delivered  up  to  the  officers  of  any  of  its  component  parts, 
unless  the  demand  therefor  be  made  by  the  Government  of  the  United 
States  at  Washington. 

3.  The  papers  upon  which  the  demand  is  made  are  in  themselves  insufficient 
to  warrant  a  deliverj  upon  a  demand  from  Washington,  and  a  fortiori  from 
California,  in  this,  that  the  paper  piu-porting  to  be  a  bench-warrant  is  not 
issued  under  the  seal  of  the  superior  court  of  the  city  and  county  of  San 
Francisco  and  is  therefore  void  there  and  everywhere. 

4.  That  the  crime  of  embezzlement  is  not  one  mentioned  in  the  treaty,  and 
even  if  the  demand  were  made  by  the  Government  of  the  United  States, 
this  Government  should  not  give  up  petitioner,  because  the  maxim  enwrnerai/o 
iinius  est  exclusio  altcrius  applies  to  a  treaty. 

5.  That  there  is  no  evidence  to  warrant  his  arrest  and  delivery  under  our 
law. 

6.  That  there  is  no  evidence  that  he  is  a  fugitive  from  justice  and  there- 
fore he  should  not  be  delivered  up,  as  only  fugitives  from  justice  can  be  so 
delivered. 

7.  That  this  Government  can  only  deliver  uj)  petitioner  to  the  properly 
authorized  agent  of  the  United  States  of  America,  and  Joseph  Bee,  who  is 
named  in  the  warrant,  has  no  authority  whatever  from  that  Government. 

8.  The  court  on  habeas  corpus  enquire  into  the  exercise  of  executive 
discretion  when  the  right  of  personal  liberty  is  involved. 

9.  This  Government  is  not  observing  a  due  respect  to  the  United  States 
when  it  treats  one  of  the  States  in  all  respects  as  though  it  were  a  sovereign 
power. 

10.  From  the  warrant  of  arrest  and  the  affidavit  of  the  attorney-general 
it  appears  that  the  crime  alleged  to  have  been  committed  by  John  W.  Mc- 
Cartbj,  forwhich  he  is  sought  to  be  extradited,  is  thatof  "enibezzlement." 
That  embezzlement,  committed  in  a  foreign  country,  viz,  the  United  States, 
is  not  an  offence  or  crime  for  which  John  W.  McCarthy  can  be  extradited. 

11.  That  the  demand  for  extradition  is  made  through  the  governor  of  the 
State  of  California.  That  there  is  no  authority  in  law  for  said  governor  to 
make  this  demand.'' 

The  case  was  elaborately  presented  by  the  learned  counsel  and  the  follow- 
ing authorities  inter  alia  were  cited  in  support  of  his  contentions:  Bishop's 
Cr.  L.,  sec.  23,  19G,  25 ;  U.  S.  vs.  Lancaster,  2  McLean,  431 ;  Cohen  vs.  Vir- 
ginia, 6  Wheat.,  264 ;  Spear  on  Extradition,  pp.  5,  116,  117,  195,  196,  383,  51 ; 
Opinions  of  Atty.  Genl.,  vol.  7,  p.  6,  vol.  6,  pp.  91,  85,  4:U  ;  Holmes  vs.  Jen- 
nison,  14  Peters,  540 ;  The  People  ex  rel.  Barlow  vs.  Curtis,  50  N.  Y  ,  321 ; 
Respublica  vs.  Longchamps,  1  Dall.,  120;  Ee  Wong  Sow,  3  Haw.,  503.  A 
treaty  is  a  supreme  law  of  the  land.  Foster  rs.  Nelsou,  2  Pet.,  253 ;  Wheat. 
Int.  Law,  93,  94  ;  Short's  Case,  10  S.  and  R.,  134  ;  In  re  Washburne,  4  John 
Ch.  E.,  106;  Remarks  of  Tanej^,  C.  J.,  Rhode  Island  vs.  Massachusetts,  14 
Peters,  4.58. 

The  attorney-general  contended  that  the  Hawaiian  Government  might 
under  the  authority  of  section  449  of  the  Civil  Code  and  by  international 


EXTRADITION\  171 

law,  althongh  not  bound  to  do  so,  surrender  the  accused,  notrvitlistanding 
"embezzlement"  was  not  a  crime  included  in  the  treaty  with  the  United 
States. 

By  the  Court  :  The  first  point  Ave  hare  to  consider  is,  whether  the 
minister  of  foreign  atfaiVs  has  authority  by  law  to  issue  his  warrant  to 
surrender  the  petitioner. 

It  is  a  disputed  question  among  writers  on  international  law  as  to  how 
far  a  sovereign  state  is  oblir/ed  to  deliver  up  persons  charged  with  tho  com- 
mission of  crimes  in  a  foreign  country.  But  it  is  nowhere  held  that  the 
government  of  a  sovereign  state  may  not  iu  its  discretion  deliver  up  such 
fugitives  from  justice  on  requisition  made  by  a  friendly  government. 

If  there  be  a  treaty,  of  course  the  contracting  states  are  bound  to  deliver 
up  persons  accused  of  the  commission  of  crimes  mentioned  in  the  treaty, 
but  it  does  not,  in  our  opinion,  follow  that  states  are  pi'ecluded  from  sur- 
rendering jiersons  accused  of  other  crin^s  than  those  specified. 

The  treaty  between  this  Government  and  the  United  States  was  ratified 
in  August,  1850,  and  by  it  the  contracting  iiowers  mutually  agreed  to  sur- 
render upon  official  requisition  to  the  authorities  of  each,  "all  persons  who, 
being  charged  with  the  crimes  of  murder,  piracy,  arson,  robbery,  forgery, 
or  the  utterance  of  forged  [)aper,  committed  within  the  jurisdiction  of  either, 
shall  be  found  within  the  territories  of  the  other." 

In  the  case  of  An  son  Wing,  the  opinion  of  the  Attorney-General  (Gushing) 
was  cited  by  counsel  for  petitioner.  The  Attorney-General  says:  "  It  is 
the  settled  politic  doctrine  of  the  United  States  that,  independently  of 
special  compact,  no  state  is  bound  to  deliver  up  fugitives  from  justice  of 
another  state."  "  It  is  true,  any  state  may,  in  its  discretion,  do  this  as  a 
matter  of  international  comity  toward  the  foreign  state,  but  all  such  dis- 
cretion is  of  inconvenient  exercise  in  a  constitutional  republic,  organized 
as  is  the  Federal  Union,"  etc.  And  similar  opinions  have  been  given  by 
other  Attorney-Generals  of  the  United  States,  and  there  is  no  doubt  that 
the  practice  of  the  Government  of  the  United  States  and  of  Great  Britain 
lias  in  general  been  in  accordance  with  the  policy  stated  by  Mr.  Gushing. 

But  in  the  case  of  Argueiles,  the  Government  of  the  United  States  did 
seize  and  surrender  to  the  Spanish  Government,  with  which  there  was  no 
extradition  treaty,  the  pt^rson  accused  of  crime.  It  is  tuie  Mj-.  Spear,  p.  1(1, 
says  it  was  nothing  but  legal  kidnapping,  but  the  Government  exercised 
its  discretion. 

But  the  case  under  consideration  stands,  as  we  think,  on  higher  grounds 
tlian  any  previously  mentioned. 

The  legislature  of  this  kingdom,  by  one  of  its  first  laws  after  tho  recog- 
nition of  its  independence  and  sovereign  rights,  adopted  the  principle  that 
it  is  Ihedntyof  tin-  state  to  surrcud«!r  fugitives  from  justice.  By  Article 
IV,  section  1,  of  tho  second  act  of  Kaniehameha  tho  3rd,  "An  act  to  ar- 
range the  cxecntivo  departments  of  tho  Hawaiian  Islands,"  it  is  enacted: 

"The  governors,  ujion  r<(;civing  information  from  the  minister  of  the  in- 
terior that  any  person,  an  alien,  fleeing  from  the  justice  of  a  foreign  coun- 
try on  account  of  crime  committed  therein,  is  lurking  in  their  respective 
islands,  evafling  Jiisticf,  and  that  formal  dcmaiidhaH  Ix'en  mad<^  for  his  sur- 
render by  the  ri'pr>seutatives  of  such  foreign  c<Minlry,  or  in  ciise  no  demand 
has  been  made,  that  a  ])ublic  proclamation  has  been  issued  against  such 


172  EXTRADITION. 

fugitive  aud  a  reward  offered  for  his  apprebousiou  ana  surrender,  shall 
have  power,  aud  it  shall  be  their  duty  to  issue  a  warrant  for  his  or  her  ap- 
prehension." 

By  a  subsequent  part  of  the  same  act  relating  to  the  office  of  the  minis- 
ter of  foreign  relations,  it  is  enacted: 

"The  minister  of  foreign  relations,  upon  information  in  writing  from 
the  minister  of  the  interior  that  an  alien  fugitive  from  justice  has  been  ar- 
rested'within  the  jurisdiction  of  this  kingdom,  and  is  in  custody  of  the 
marshal  jjursuaut  to  section  third,  article  4,  chajjter  fourth  of  the  first 
part  of  this  act.  shall  give  immediate  uotice  of  such  arrest  to  the  accred- 
ited representative  of  the  nation  to  which  said  fugitive  belonged,  if  there 
he  one  near  this  Government;  and  he  shall,  through  such  representative, 
tender  such  fugitive  to  the  nation  whose  subject  or  citizen  he  is,  claiming 
at  the  same  time  the  costs  and  expenses  incurred  by  his  apprehension,  re- 
moval, confinement,  aud  surrenderji'" 

The  statute  also  provides  that  in  case  the  accredited  representative  shall 
decline  to  accept  the  surrender,  the  fugitive  may  be  expelled  the  kingdom, 
the  policy  of  the  Government  being  to  deny  the  right  of  asylum  to  crimi- 
nals. 

The  civil  code  was  compiled  and  became  law  in  1859,  and  by  it  the  follow- 
ing clauses  were  substituted  for  those  before  set  out : 

"  §  449.  The  respective  judges  aud  magistrates  of  the  kingdom  shall  have 
authority,  upou  complaint  made  under  oath,  to  issue  a  warrant  for  the  ap- 
prehension of  any  person  charged  with  the  commission  of  a  crime  in  any 
foreign  country,  that  he  may  be  brought  before  such  judges,  or  other 
magistrates  respectively,  to  the  end  that  the  evidence  of  criminality  may 
he  heard  and  considered ;  and  if,  on  such  hearing,  the  evidence  be  deemed 
sufficient  to  sustain  the  charge,  it  shall  be  the  duty  ofthe  examining  judge 
or  magistrate  to  certify  the  same  to  the  minister  of  foreign  affairs,  that  he 
may  issue  a  warrant  for  the  surrender  of  such  fugitive." 

"  §  451.  The  warriiut  of  the  minister  of  foreign  affairs,  directing  the 
surrender  of  any  fugitive  from  justice,  shall  be  binding  upon  all  officers  of 
His  Majesty's  Government,  in  anywise  having  the  custody  of  such  fugi- 
tive. 

"  §  452.  Evdry  fugitive  from  justice  may  be  retained  in  jirison  after  his 
•surrender  until  a  suitable  opportunity  occurs  for  his  removal  at  the  ex- 
pense of  the  officer  to  whom  he  is  surrendered." 

So  that  it  appears  to  the  court  there  can  be  no  question  as  to  the  right  of 
His  Majesty's  Government  to  surrender  a  fugitive  criminal. 

And,  indeed,  a  very  distinguished  living  statesman  (P.  S.  Mancini)  main- 
tains that  "the  duty  of  surrendering  such  fugitives  is  founded  in  natural 
right  as  a  debt  due  to  justice,  and  consequently  does  not  depend  for  its 
existence  either  on  the  fact  of  a  treaty  or  on  the  condition  of  reciprocity." 
(See  American  Law  Review,  November-December,  1885,  p.  9.55.) 

The  legislature  having,  according  to  our  view,  provided  for  the  surren- 
der of  such  fugitives,  and  His  Majesty's  Government  having  exercised  its 
discretion  by  the  minister  of  foreign  affairs  issuing  his  warrant  for  the 
surrender  ofthe  petitioner,  it  is  not  within  our  province  to  review  the  ex- 
ercise of  such  discretion,  except  so  far  that  we  must  see  there  is  a  proper 
legal  basis  to  sanction  the  act  of  the  minister;  and  this  brings  us  to  the 


EXTRADITION.  173 

« 

consideration  of  the  remainder  of  the  points  urged  on  behalf  of  the  peti- 
tioner. 

The  requisition  is  made  by  the  governor  of  the  State  of  California,  and 
it  is  contended  lie  has  no  power  to  make  such  a  requisition  by  the  laws  and 
Constitution  of  the  United  States. 

However  this  may  be,  and  without  bindingthe  court  todecide  as  we  nrw 
do  in  any  case  which  may  hereafter  come  before  it,  we  hold  in  the  case  now 
before  iistliat,  theniiiiister  resident  of  tlie  United  States  havinjj;  ie(|nesfed 
the  intervention  of  His  Majesty's  Government,  the  ground  taken  for  the  pe- 
titioner is  not  sustainable. 

With  respect  to  the  points  touching  the  want  of  evidence  to  warrant  the 
arrest  of  the  petitioner,  we  are  of  opinion  that  if  the  petitioner  was  charged 
with  the  crime  before  a  magistrate  having  power  only  to  commit  the  ac- 
cused for  trial,  and  to  issue  his  warrant  for  the  sirrest  of  the  accused  for 
examination,  the  evidence  would  undoubtedly  be  insuflicient  to  make  even 
a  prima  facie  case,  and  the  petitioner  would  be  entitled  to  his  discharge. 
But  here  an  indictment  has  been  found  by  a  grand  jury,  from  which  we 
must  assume  that  sufficient  evidence  was  adduced  to  warrant  the  placing 
of  the  petitioner  upon  his  trial. 

Article  7  of  our  constitution,  as  to  the  right  of  an  accused  to  have  witnesses 
against  him  produced  face  to  face,  only  applies  to  persons  put  upon  their 
trial  upon  indictment  before  the  courts  of  this  kingdom. 

It  is  enough  that  a  reasonable  presumpti()n  of  guilt  is  apparent,  and  the 
production  of  an  indictment  found  charging  the  crime  is  sutiicient.     (Spear, 

p.  -m.) 

With  regard  to  the  sufficiency  of  the  bench  warrant,  we  think  it  would 
have  been  more  regular  to  have  forwardi'd  the  original ;  but  the  copy  is 
certified  by  the  proper  authority,  and  it  purports  to  be  issued  under  the 
seal  of  the  court,  and  we  think  that  the  oljjections  are  not  well  taken. 

The  only  remaining  point  is  whether  the  petitioner  is  a  fugitive  from  jus- 
tice. The  petitioner  claims  that  by  the  law  of  the  State  of  California  (Po- 
litical Code,  ^  653)  he  is  entitled  to  be  ab>eut  from  the  State  for  sixty  days, 
and  that  consequently  he  is  to  be  treated,  not  as  a  fugitive  i'lom  justice, 
but  as  a  person  lawfully  traveling  wherever  he  may  jdease. 

We  can  not  adopt  this  view,  and  we  think  the  autliiuities  of  the  State  of 
Calilbrnia  have  rcjuidiated  such  a  construction  by  taking  the  measures 
they  have.  The  affidavit  of  the  officer  entrusted  with  the  warrant  for  the 
arrest  of  the  petitioner  is  distinct  and  si)eci(ic.  He  says  "sought  for  him  at 
his  last  known  ])lace(jf  residence  and  al  his  ]>lace  of  businessaiid  in  tiu^  mar- 
ket place  and  at  the  exchange  and  tliat  he  could  not  lind  said  J.  W.  McCar- 
thy, and  deponent  deposes  and  avers,  ujion  his  information  and  belief,  that 
the  said  .1.  W.  MiCjutliy  has  lied  from  justice  in  the  Statu  of  Calif(uiiia  and 
taken  refuge  in  llir  Kingdom  of  Hawaii."  We  Ilien-IVud  are  of  opinion  it 
is  suflicieutly  proven  that  the  petitioner  is  a  fugitive  Iikmi  justice. 

W<^  therefore  dismiss  the  petition  and  niuaml  tlic  jielitioner  to  the  cus- 
tody of  the  marshal.     Costs  to  be  j>aid  by  the  jmtitioner. 

JuuD,  C.  ./. — In  addition  to  the  opinion  of  the  court  I  wish  to  say  that 
as  the  crime  charged  against  the  prisoner  (embezzlement  of  public  funds 
in  a  foriign  country)  is  not  one  of  the  crimes  for  which,  by  the  treaty 
between  the  United  States  and  this  kingdom,  his  extradition  could  be  de- 


174  EXTRADITION. 

manded,  the  procedure  to  obtaia  his  surrender  is  not  to  be  governed  by  the 
provisions  of  the  treaty.  It  is  quite  true  that  if  the  surrender  of  a  fugi- 
tive should  be  demanded  as  of  right  under  the  treaty,  this  Government 
Avoiild  be  justified  in  refusing  to  comply  with  it,  unless  the  demand  came 
from  the  executive  representing  the  sovereignty  of  the  foreign  state. 

In  the  case  before  us  the  request  of  the  United  States  minister  that  the 
prisoner  be  surrendered  to  the  agent  of  the  State  of  California  is  sufficient. 
The  liberty  of  residents  in  this  kingdom  is  fully  protected  by  tbe  statute 
law,  which  requires  a  judicial  examination  into  the  proof  of  criminality 
agaiust  them  and  a  judgment  as  to  its  sufficiency  as  a  prerequisite  to  their 
being  extruded  from  this  kingdom.  If  it  were  not  for  this  statute,  and  a 
resident  of  this  kingdom  was  attempted  to  be  sent  abroad  to  be  tried  for  a 
crime  not  extraditable  under  a  treaty,  the  act  of  the  executive  in  arresting 
Mm  and  holding  him  for  surrender  would  be  without  law.  In  euch  a  case 
the  courts  would  be  authorized  to  interfere  by  habeas  corpus. 

The  policy  of  this  country,  as  evidenced  by  the  statute  of  1846,  which 
authorized  the  arrest  of  an  alien  fugitive  from  justice  and  his  tender  to  the 
accredited  representative  of  tbe  country  to  which  the  fugitive  belongs, 
though  no  demand  for  his  surrender  be  made,  and  the  present  statute 
passed  in  1859,  is  certainly  against  making  our  shores  the  asylum  for  for- 
eign criminals.  Many  of  the  dicta  quoted  from  cases  in  courts  of  the 
United  States  wheie  the  policy  is  said  to  be  against  the  surrender  of  fugi- 
tives, except  under  treaty  obligations,  would  have  no  application  here. 

McCuLLY,  J. — The  eleven  points  made  by  the  learned  counsel  for  the  peti- 
tioner cover  everything  that  can  be  urged  on  his  behalf.  But  in  my  view 
he  seriously  misapprehends  the  status  of  the  case  with  reference  to  Article 
XIV  of  the  American  treaty,  and  with  reference  to  treaty  stiiJulationa 
generally. 

It  is  seen  by  the  citations  made  in  the  opinion  of  the  court  from  the 
organic  laws  of  1846,  the  first  systematic  laws  of  this  kingdom,  that  a  full 
and  liberal  provision  was  made  against  the  contingency  that  the  island 
kingdom  might  become  a  resort  for  fugitives  from  justice.  Such  might  be 
arrested  upon  merely  the  formal  demand  of  a  resident  foreign  represent- 
ative, or  further  upon  the  mere  knowledge  that  i^ublic  proclamation  had 
been  issued  against  a  fugitive,  and  be  held  in  custody  of  the  authorities 
until  surrendered  to  the  representative  of  the  foreign  government  from 
whose  jurisdiction  he  had  fled.  These  statutes  contain  no  provisions  for 
judicial  examination  of  the  grounds  for  issuing  a  warrant.  The  order 
proceeds  immediately  from  the  executive.  Furthermore,  so  careful  was  the 
legislation  of  that  time  that  persons  guilty  of  crime  in  other  countries 
should  not  sojourn  here  that  it  is  provided  that  even  if  the  representative  of 
the  foreign  power  refuses  to  accept  the  surrender,  the  offender  maybe  deliv- 
ered up  for  transportation  to  any  armed  vessel  of  his  nation. 

These  provisions  of  law  were  made  ju-ior  to  any  treaty  stipulations  con- 
cerning extradition,  although  treaties  recognizing  the  sovereignty  and  civ- 
ilization of  the  kingdom  had  been  made  with  France  and  Great  Britain. 

The  statutes  of  1846  being  the  law  of  the  kingdom,  the  treaty  with  the 
United  States  embracing  Article  XIV,  providing  for  extradition,  was  rati- 
fied in  August,  1850.  There  are  obvious  reasons  why  the  treaty  should  be 
narrower  in  its  terms  than  the  Hawaiian  statute.    It  was  of  reciprocal  ob- 


EXTRADITION.  175 

ligation,  binding  the  United  States  to  restore  like  offenders  nijon  like  terms 
to  the  Hawaiian  Government. 

It  is  a  universal  rnle  in  extradition  treaties  to  spfcify  the  extraditable 
offenses.  What  is  agreed  upon  becomes  obligatory  and  the  claim  i.s  of 
right,  not  depending  upon  international  comity  nor  upon  the  statutes  of 
the  state  upon  which  the  demand  is  made.  The  United  States  could  liavo 
entered  into  no  treaty  giving  extradition  in  the  broad  terms  of  the  Ha- 
waiian statute  of  1846,  while  there  were  very  good  reasons  of  policy  lor 
this  kingdom  to  offer  the  statute  to  the  powers  of  the  world,  and  there  could 
be  no  implication  that  the  American  treaty  curtailed  the  effect  of  it  by 
specifyinjj  the  offenses  for  which  the  United  States  would  extradite  to  Ha- 
waii, and  vice  versa. 

In  this  state  of  law  and  treaty  the  civil  code,  repealing  and  superseding 
the  acts  of  184ti,  was  passed  May,  1859.  Section  449  specifies  no  offenses. 
"A  crime  "is  the  only  designation  of  the  subject  on  which  the  statute 
moves.  The  mode  of  jnoceeding  only  is  changed.  There  is  no  appearance 
of  modification  due  to  the  American  treaty  which  had  been  in  operation 
nearly  ten  years.  The  wise  policy  of  maintaining  a  statute  which  would 
.surrender  to  the  justice  of  foreign  powers  a  wider  class  of  offenders  than 
was  stipuliited  by  treaty  appears  to  have  still  obtained.  Enacted  after  the 
treaty  it  is  independent  of  it,  and  I  see  no  reason  to  hold  that  the  treaty 
abridges  the  law.  This  view  disposes  of  one  series  of  the  petitioner's  ob- 
jections. 

As  to  the  form  of  the  demand.  Undoubtedly  the  State  of  California  can 
not  maintain  diplomatic  relations,  with  this  or  any  other  foreign  power, 
unless,  which  I  am  not  informed  about,  she  is  included  among  the  states 
which  the  Republic  of  Mexico  by  treatj'  with  the  United  States  i)ermits  to 
make  extradition  demands  directly  upon  her.  But  hero  the  United  States 
minister  adopts  and  presents  this  request,  which  is  not  a  demand — only 
treaty  stipulations  being  demandablc — that  this  Government  will  put  in 
operation  its  own  statute.  In  this  view  it  seems  to  me  nothing  more  is 
needed.  Indeed  the  statute  reqtiires  only  "  com])Iaint  made  under  oath" 
before  any  magistrate  by  whomsoever  may  be  credible  and  have  a  proper 
relation  to  the  case  to  put  it  in  motion.  Query:  Why  could  not  Ollicer 
Bee,  without  the  request  of  the  governor  of  Califurnia,  and  wilbout  there- 
quest  of  the  United  States  minister,  have  demanded  a  warrant  for  thi'  ap- 
prehension ?  Tlicse  requests,  the  one  and  the  other,  sire  highly  iiilliienlial, 
but  I  do  not  perceive  tliat  they  are  essential  to  tlie  operation  of  the  staliile. 
The  antbority  of  Officer  Bee  to  receive  him  without  special  authorization  is, 
however,  a  different  tiling  from  making  the  eoMii)laint. 

Now,  was  the  evid<!nce  of  criminality  suHicient  to  sustain  the  charge  f 
Douhtless,  this  court  upon  review  in  lialiean  vorpiia  of  the  sulheieucy  of  evi- 
dence, will  be  hr-ld  liy  all  the  coustitutional  provisions  guaranteeing  the 
rights  of  ](ers(inal  iilierty  and  of  trial  upon  evidencis  of  witnesses  produced 
face  to  face,  l)oth  for  the  defence  and  proHecution,  wliieh  rights  behm^  to 
all  persons  being  for  any  time  within  our  jurisdiction. 

Withf)ut  referring  to  the  authorities  uiven  in  tin' opinion  of  tluroiirr, 
I  cite  only  the  result  exiuesseil  in  Spear's  Law  of  K.\tradition,  p.  UK  in  these 
words :  "  The  general  rule  of  evidence  udojiterl  in  the  extradition  treaties  ol 
the  United  States  ia,  that  the  charge  of  criminality  on  wiiich  the  demand 


176  EXTRADITION. 

for  rlf^livery  is  based  must  be  supported  by  such  evidence  as  would  jufsfify 
11)1'  api)rcliension  and  commitment  for  trial  of  the  person  accused,  if  the 
allt'jfcd  oflVnse  had  been  committed  iu  the  country  on  which  the  demand 
is  made. "  This  rale  as  to  treaties  may  be  adopted  for  action  under  onr 
statute.  "We  have  before  us  in  this  case  evidence  of  criminal  proceed- 
ings commenced  in  the  court  of  California.  An  indictment  has  been  found 
by  at  least  twelve  grand  jurors  acting  npon  sworn  testimony.  A  bench- 
warrant  has  issued  thereon  for  his  arrest,  and  the  service  thereof  has  been 
defe;ited  only  by  the  departure  of  the  petitioner  from  the  country.  Tbe 
case  has  reached  the  stage  of  probable  cause  and  apprehension  alreadj-  in 
California.  "  Evidence  of  criminality  "  required  by  section  449  cannot  be 
taken  to  mean  couvicrion  of  guilt.  Mr.  McCarthy  is  not  to  be  tried  here. 
He  is  Avanted  to  be  tried  in  California.  The  proofs  otfered  here  satisfy  me 
that  there  is  no  infringement  of  personal  right  in  rendering  him  for  such 
trial.  On  the  other  hand  it  would  be  unreasonable  to  require  more.  There 
is  a  clear  distinction  between  a  mere  charge  or  accusation  and  a  commit- 
ment or  indictment  found.  If  there  were  only  the  first,  it  would  be  proper 
to  require  here  evidence  of  probable  cause  on  which  a  commitment  for  trial 
might  be  made.  We  are  certified  that  this  has  already  been  done.  If  our 
statute  does  not  apply  to  this  case  it  is  not  easy  to  see  what  it  was  intended 
to  accomplish. 

Regarding  the  jurisdiction  of  the  court  to  inquire  into  the  discretion  of  the 
executive  in  this  proceeding  it  seems  to  me  that  when  we  have  determined 
that  the  issue  of  the  certificate  to  the  minister  of  foreign  affairs  was  well 
based  on  the  statute,  we  have  done  all  that  belongs  to  us.  Upon  such  cer- 
tificate given  we  are  not  to  advise  him  to  issue  his  warrant,  and  certainly 
are  not  to  advise  him  not  to  issue  it. 


ITAIiT. 


December  31, 1888,  Mr.  Stallo  made  the  following  report : 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  circular- 
letter  of  the  26th  of  November,  1888,  and  in  answer  to  the  questions  therein 
propounded  to  me,  to  report : 

1st.  That  the  Italian  Government  does  not,  as  a  general  rule,  extradite 
fugitives  from  justice  in  the  absence  of  a  conventional  obligation,  although 
the  old  Piedmoutese  Government  has  occasionally  extradited  foreigners 
who  had  taken  refuge  within  its  territory  as  a  matter  of  comity.  The  Ital- 
ian Government  does  not  surrender  its  own  citizens,  and  in  a  late  case  (that 
of  Salvatore  Paladini)  has  refused  to  surrender  an  Italian  subject,  even 
although  in  the  extradition  treaty  of  March  23,  18i)H,  between  Italy  and 
the  United  States,  there  is  no  article  expressly  excepting  the  citizens  or 
subjects  of  either  of  the  contracting  states  from  the  operation  of  the  treaty. 

2nd.  Before  the  formal  requisition  for  the  surrender  of  a  fugitive  from 
justice,  accompanied  with  tbe  evidences  of  crime  relied  upon  to  obtain  ex- 
tradition, has  been  received,  a  provisional  arrest  and  detention  of  the  fugi- 
tive may  be  granted  either  upon  a  written  or  telegraphic  communication 
by  the  demanding  government ;  but  to  that  end  a  diplomatic  requisition  is 


EXTRADITION.  177 

uecessary,  ^hich  must  contain  a  statement  of  the  facts  constituting  a  case 
of  urgency.  The  term  during  wliicli  tlie  fugitive  can  be  provisionally  de- 
tained is  not  limited  by  law. 

3rd.  Warrants  of  arrest  are  issued  by  the  executive,  that  is,  in  fact,  by  the 
department  of  grace  and  justice,  to  which  all  requisitions  are  sent  by  the 
foreign  office.  If  a  warrant  for  provisional  arrest  has  been  issued  a  new 
warrant  is  required  after  the  receipt  of  the  formal  requis'itibn.  The  war- 
rant of  arrest  is  issued  upon  the  strength  of  the  documents  evidencing  the 
guilt  of  the  accused  which  accompany  the  requisition,  and  no  complaint 
before  the  judicial  authorities  is  required.  No  arrest  can  be  secured  on 
complaint  before  judicial  authorities  without  prior  application  to  the  execu- 
tive. 

4th.  The  charge  against  the  fugitive,  so  far  as  it  is  evidenced  by  the 
documents  accompanying  the  requisition,  is,  in  the  first  instance,  exam- 
ined by  the  department  of  grace  and  justice,  and  thereupon,  upon  the  ap- 
plication of  the  fugitive  or  at  the  instance  of  the  Government  may  be  re- 
ferred to  the  judicial  tribunal  pf  the  province  in  which  the  arrest  has  been 
made.  But  the  action  of  such  tribunal  is  simply  advisory  and  not  binding 
on  the  executive.  All  papers  to  bo  presented  to  the  judicial  authorities 
are  first  submitted  to  the  executive,  i.  e.,  to  the  department  of  grace  and 
justice,  by  the  foreign  office. 

5th.  Papers  upon  which  the  demand  for  extradition  is  founded  are  re- 
quired to  be  authenticated  by  the  department  of  state  of  the  demanding 
government. 

6th.  The  question  of  extradition  is  finally  decided  by  the  foreign  office 
upon  the  advice  of  the  department  of  grace  and  justice,  and  notice  of  the 
decision  is  given  to  the  demanding  government  through  the  same  channels 
through  which  the  requisition  was  transmitted. 

7th.  Seizure  of  the  property  and  cfl'ects  of  the  fugitive  maybe  secured  in 
an  action  at  law  upon  the  complaint  of  the  demanding  government  or  of 
the  party  injured,  but  such  proi>erty  and  efi'ects  are  not,  as  a  rule,  delivered 
to  the  demanding  government. 

8th.  The  delivery  of  an  extradited  fugitive  takes  place  at  the  frontier 
with  the  understanding  that  the  fugitive  be  taken  out  of  the  country  as 
soon  as  jiracticable. 

9th.  The  right  of  transit  across  the  territory  of  Italy  of  criminals  sur- 
rendered by  a  third  state  to  a  foreign  government  may  bo  conceded  by  the 
Italian  Govtrninent  as  a  matter  of  comity  ;  but  owing  to  tho  peculiar  gt>o- 
graphical  position  of  tho  Kingdom  of  Tt.ily  )i<>  '^iieli  concession  appears  us 
yet  to  have  been  applied  for. 

10th.  The  expenses  of  extradition  arc  to  bo  paid  liy  the  demanding  gov- 
ernment. 

In  compliance  with  the  instructions  of  tho  Department,  I  send  herewith, 
under  separate  cover,  a  duplicate  copy  of  tlie  now  penal  code  of  Italy,  which 
is  to  take  efl'ect  on  the  I'.Oth  of.Inno,  18^9;  and  also  incloso  ji  transiaHon  of 
articles  4  to  8,  Hook  First,  Title  I,  relating  to  extradition.  I  liavi>  not  as 
yet  been  able  to  procure  a  collection  of  the  treaties  relating  to  extradition 
betwof-n  Italy  and  foreign  jjowcrs,  but  will  forwanl  the  Ba?n<'  .'is  hooii  as  it 
is  obtainc<l. 

I  have  the  hoimr,  etc., 

J.  B.  Stallo. 
S.  Ex.  O.J 12 


178  '  EXTRADITION. 

[Inclosure. — Translation.  ] 

Extract  from  the  new  penal  code  approved  by  the  Chamber  of  Deputies  and  the 
Royal  Senate  of  the  Kingdom  of  Italy,  promulgated  on  the  28<A  of  November, 
and  to  take  effect  on  the  'SOth  of  June,  1889. 

Book  First. — Title  I, 

Art.  4.  No  one  can  be  punished  for  crimes  committed  without  the  terri- 
tory of  the  kingdom  except  in  cases  expressly  provided  for  by  law. 

Art.  5.  A  citizen  or  foreigner  who,  in  a  foreign  territory,  commits  a  crime 
against  the  security  of  the  state,  or  is  guilty  of  counterfeiting  the  seal  of 
the  state  or  of  coin  having  legal  currency  within  the  kingdom,  or  of  evi- 
dences of  public  debt  or  credit,  such  crime  being  punishable  by  imprison- 
ment for  a  term  exceeding  five  years,  is  tried  and  punished  according  to 
law. 

He  may  be  tried  and  jjunished  according  to  Italian  law  even  although 
he  has  already  been  tried  and  punished  in  the  country  where  the  crime  was 
committed,  but  in  such  case  allowance  is  made  for  the  punishment  already 
incurred. 

Art.  6.  A  citizen  who,  in  cases  other  than  those  indicated  in  the  preced- 
ing article,  commits  a  crime  in  a  foreign  country  which,  according  to  the 
laws  of  that  country,  is  punishable  by  imprisonment  for  a  term  of  not  less 
than  three  years,  is  tried  whenever  found  within  the  kingdom  and  pun- 
ished according  to  the  i^rovisions  of  the  more  lenient  of  the  laws  of  the 
two  countries. 

If  the  crime  be  punishable  with  imprisonment  of  less  duration,  the  per- 
son committing  the  crime  can  not  be  proceeded  against  except  on  com- 
plaint of  the  party  injured  or  on  the  request  of  the  foreign  government. 
#  #  #  *  #  *  * 

Art.  7.  A  foreigner  who,  in  cases  other  than  those  indicated  in  article  5, 
commits  a  crime  in  a  foreign  country  to  the  injury  of  an  Italian  citizen  or 
of  the  state,  which  crime,  according  to  the  laws  of  the  state  where  it  was 
committed,  is  punishable  with  imprisonment  foraterm  of  not  less  than  three 
years,  is  tried  whenever  found  within  the  kingdom,  and  punished  accord- 
ing to  the  milder  law  of  the  two  states  ;  and  incase  the  crime  is  punishable 
with  imprisonment  of  less  duration,  the  person  guilty  of  it  is  proceeded 
against  only  upon  the  complaint  of  the  party  Injured. 

A  foreigner  found  within  the  kingdom  maybe  tried  and  punished  accord- 
ing to  the  milder  law  prevailing  in  either  of  the  countries,  for  a  crime  com- 
mitted abroad  to  the  injury  of  a  foreigner,  even  if  such  crime,  according 
to  the  laws  of  the  state  where  it  was  committed,  is  punishable  with  im- 
prisonment for  not  less  than  three  years  upon  concurrence  of  the  follow- 
ing conditions: 

1st.  That  the  crime  is  one  of  those  covered  by  the  tieatj'  of  extradition, 
or  an  offense  against  the  law  of  nations,  against  a  person,  against  prop- 
erty, against  i^ublic  faith,  against  good  iporals  or  the  peace  of  families,  or 
in  the  nature  of  a  fraudulent  bankrux)tcy  ; 

2nd.  That  no  extradition  has  taken  i)lace  of  the  party  guilty  of  the  crime 
to  the  government  of  the  country  in  which  the  crime  was  committed,  or 
to  that  whereof  he  is  a  citizen. 


EXTfiADITIOX.  1T9 

The  Government  may  expel  the  foreigner  from  f^e  kinsjdom.in  thecases 
provided  by  law,  wirhont  trial  or  after  trial  and  "punishment. 

Art.  8.  Excepting  in  the  cases  jirovided  for  bj-  the  second  paragraph  cf 
art.  6  persons  charged  with  crime  are  not  tried  • 

1st.  Iif  according  to  the  law  either  of  Italy  or  of  the  country  where  the 
crime  was  commilt^^d,  the  penal  action  is  barred  by  the  statute  of  limita- 
tions j 

2nd.  If  the  crime  according  to  the  first  paragraph  of  art.  9,  is  not  such 
as  to  justify  extrad'+ion  ; 

3rd.  If  the  persor  charged  with  the  crime  'las  been  tried  and  acquitted 
in  the  foreign  cour  ,ry ;  or,  having  been  »^T'ed  and  found  guilty,  has  suf- 
fered the  punishm  nt  inflicted  upon  him  •  or  if  the  sentence  pronouuced 
against  him  is  b^  red  by  the  statute  of  i;""*tatious. 

•  «  *  «  f  *  • 

Art.  9.  Tb'  extradition  of  an  It-y.-  j  citizen  to  a  foreign  government  is 
forbidden. 

The  ext  adition  of  a  foreira*-.  is  never  allowed  for  political  or  similar 
crimes. 

The  extradition  of  a  ff  relgner  can  not  be  offered  or  conceded  except  by 
order  of  the  King's  government,  and  after  previous  judgment  of  the  judi- 
■iial  authority  of  who'';C  jurisdiction  the  foreigner  is  subject. 

NevertheJ'jss,  ^h^aever  a  demand  of  extradition  is  made,  the  competent 
authority  tpiy  j'  ler  the  provisional  arrest  of  a  foreigner. 


JAPAT^^. 


January  19,  1889,  Mr.  IJnbbaid  made  the  followiug  report: 

out:  I  have  the  honor  to  acknowledge  the  receipt  of  your  circular  in- 
jtruction,  dated  November  26,  1838,  asking  for  certain  iuformatiou  on  the 
subject  of  iuteriiatioual  extradition  as  practiced  by  the  Govcnmieut  to 
wliich  I  am  accredited. 

I  had  the  honor  in  my  dispatch  No.  'M*>,  dated  August  29,  1887,  to  cucloso 
Jo  the  Department  the  law  of  Japan  on  the  subject  of  extradition,  and  this 
law,  with  the  treaty  of  extradition  between  the  United  States  and  Japan, 
answers  all  the  questions  propoiunled  in  the  circular  iiis(ru<-tion,  except 
ouc  or  two,  whieli  have  been  answi' <1  Tt  !>!'•  iiv  Mr  T  ip.-m.sr  fnrejgn 
ofBce. 

Japan  has  no  treaty  of  extradition  with  any  country  except  tiie  United 
States,  and  no  la%v  on  the  subject  of  extradition  lias  been  passed  sinct^  the 
l.iw  referred  to  above  as  having  been  sent  to  th(!  Department  of  Stat(%  an<l 
which  I  have  the  honor  again  to  enclose  for  the  couvonionco  of  the  Depart- 
ment. 

The  JapancMJ  Government  will  extradite  in  the  absence  of  a  conventional 
obligation,  on  condition  of  reciprocity,  and  Iho  matter  is  in  the  absolute 
discretion  of  the  Government. 

In  regard  to  the  (lucMtionsin  section  4  <>f  the  lireular  instruction,  1  beg 
to  refer  the  Department  to  sections  l.'»  and  IC.of  the  inclosed  law,  with  the 


180  EXTRADITION. 

explauatiou  that  while  the  public  ijrocurator  makes  a  report  to  the  miuis- 
ter  of  justice  iu  every  case  of  extradition,  the  report  is  uot  bindiug  on  the 
minister  of  justice  who  finally  decides  the  extradition. 

The  Government  will  deliver  up  extradited  criminals  at  the  frontier, 
that  is,  on  board  ship. 

When  the  right  of  transit  across  the  territory  of  Japan  is  granted  for 
criminals  surrendered  by  a  third  state  to  a  foreign  government,  the  crimi- 
nal during  such  transit  is  in  the  custody  of  Japanese  officers. 

I  have,  etc., 

Richard  B.  Hubbard. 


[Inclosure. — Translation.] 

Extradition  of  criminals  regulations. 

We  hereby  give  our  sanction  to  the  regulations  for  the  extradition  of 
fugitive  criminals,  and  order  the  same  to  be  promulgated. 
[His  Imperial  Majesty's  Sign  Manual.] 
[Privy  Seal.] 

Dated  the  3rd  day  of  the  8th  month  of  the  20th  year  of  Meiji. 

(Countersigned)  Count  Ito  Hirobumi, 

President  of  the  Cabinet. 
Count  Inouye  Kaoru, 

Minister  for  Foreign  Affairs. 
Count  Yamada  Akiyoshi, 

Minister  of  Justice. 

Imperial  ordinance  No.  42. 

REGULATIONS  FOR   THE  EXTRADITION   OF   FUGITIVE   CRIMINALS. 

Art.  I.  In  these  regulations  the  term  "treaty  power"  means  a  foreign 
power  with  which  the  Empire  of  Japan  has  or  may  hereafter  have  an  ex- 
tradition treaty. 

The  term  "  extradition  crime"  means  one  of  the  crimes  or  oflFences  men- 
tioned in  an  extradition  treaty  with  a  treaty  power.  The  term  "fugitive 
criminal"  means  any  ])erson  not  a  Japanese  subject  who  is  accused  or  con- 
victed of  an  extradition  crime  committed  within  the  jurisdiction  of  any 
treaty  power,  who  has  taken  or  is  suspected  of  having  taken  or  being  about 
to  take  refuge  within  the  jurisdiction  of  the  Empire  of  Japan. 

It  shall  also  include  Japanese  subjects  : 

1.  If  the  extradition  treaty  between  the  Empire  and  the  demanding- 
treaty  power  provides  for  the  mutual  surrender  of  their  respective  subjects 
or  citizens. 

2.  If  the  extradition  treaty  makes  the  surrender  of  subjects  or  citizens 
discretionarj^,  and  the  demanding-treaty  power  shall  have  signified  its 
readiness  to  reciprocally  surrender  its  subjects  or  citizens  under  similar  cir- 
cumstances. 

Art.  II.  Whenever  the  extradition  of  a  fugitive  criminal  is  requested 
by  a  treaty  power,  and  steps  are  to  be  taken  with  a  view  to  his  surrender, 
the  provisions  of  the  regulations  shall  be  complied  with. 


EXTRADITION.  181 

Art.  III.  A  fugitive  crimiual  shall  not  be  surreudered  iu  the  Ibllowiug 
cases : 

1.  If  the  offence  in  respect  of  which  his  surrender  is  requested  is  of  a  i)o- 
litical  character. 

2.  If  he  satisfactorily  prove  that  the  requisition  lor  his  surrender  has  iu 
fact  been  made  with  a  view  to  try  or  punish  him  for  an  offence  of  a  polit- 
ical character. 

Akt.  IV.  A  fugitive  criminal  who  has  been   accused   of  some   oU'euce 
within  Japanese  jurisdiction,  not  being  the  offence  for  which  his  surrender^ 
is  requested,  or  who  is  undergoing  sentence  in  .Japan,  shall  not  be  surren- 
dered until  after  he  has  obtained  his  discharge  by  expiration  of  his  sen- 
tence or  otherwise. 

Art.  V.  A  fugitive  criminal  shall  be  liable  to  be  apprehended  and  surren- 
dered to  a  treaty  power  for  an  extradition  crime  committed  before  the 
conclusion  of  tlie  treaty  wiih  such  power. 

Art.  VI.  A  fugitive  criminal  shall  also  be  liable  to  be  apprehended  and 
surrendered  for  an  extradition  crime  although  the  Japanese  courts  may 
have  concurrent  jurisdiction  over  such  crime,  if,  in  the  opinion  of  the  min- 
ister of  justice,  the  ends  of  justice  will  be  subserved  by  such  surrender. 

Art.  VII.  All  warrants  of  arrest  issned  under  these  regulations  shall  be 
enforceable  in  all  parts  of  the  Empire. 

Art.  VIII.  If  a  fugitive  criminal  is  claimed  by  two  or  more  treaty  pow- 
ers, on  account  of  crimes  committed  within  their  jurisdiction,  the  surren- 
der shall  be  made  according  to  priority  of  demand,  unless  an  agreement  to 
the  contrary  be  made  between  the  treaty  powers  making  the  requisition. 

Art.  IX.  The  minister  of  justice  may,  upon  the  request  of  the  minister  for 
foreign  affairs,  order  one  or  more  head  public  procurators  {josehi  kenji)  to 
issue  a  warrant  for  the  provisional  arrest  of  a  fugitive  criminal  according 
to  Form  I  to  tliese  regulations  annexed. 

Such  request  should  only  be  made  by  the  niini.ster  for  foreign  affairs  after 
he  has  received  information  in  writing  or  by  telegiaph  from  a  f  n^aly  pow^r 
through  the  proper  channel  that,  a  warrant  has  been  i.ssued  lor  the  arrest  of 
the  criminal,  and  an  assurance  that  his  surrender  will  be  requested  in  duo 
form. 

Art.  X.  When  any  jn-r.scn  has  been  api)rehcn<loil  iindiT  a  warrant  of 
provisional  arnsst  \w  shall  bo  discliarged  from  custody  unless  a  recpilsition 
for  surrender  sliail  bo  made  within  a  rcasonabl»»  time,  not  exceeding  two 
months.  Such  discharge  shall  not,  however,  ]uevcnt  the  subHcqucnt  ar- 
rest and  surrender  of  any  persctn  so  apjnehendcd. 

When  a  rcquisiiiou  for  surrender  of  a  person  held  under  a  warrant  of 
I)rovi8ioual  arrest  has  been  made,  a  warrant  of  arrest  in  accordanc^^  with 
I'Virin  IF,  annexerl,  shall  lie  issued  ami  tlio  warrant  of  ])rovisional  arrest 
shall  b(i  rcturinid. 

Art.  XI.  Subject  to  thft  excepfion  in  Article  IX  i»rovi(lod  lor,  no  jierson 
sh;ill  be  arrt^sKMl  Wifli  a  view  tri  r-xlradition  until  a  requisition  sli.ill  have 
be(Mi  ma<ln  through  the  ehannel  named  in  the  treaty  under  wliieli  extradi- 
tion is  claimed,  in  manner  following: 

1.   In  the  case,  of  a  jxthou  aeeused,  the  reijiuMit i<in  shall  be  aeruimpanii'd  : 

(a)  liy  an  authenl  i'lited  enpy  of  ilie  w.in.int   of  .nresf,  pi,r)ioriing  to 


182  EXTRADITION. 

bavo  beeu  issued  by  a  duly  autborized  official  of  tbe  couutry  in  wbicb  tbe 
acts  cbarged  against  tbe  accused  are  alleged  to  bave  been  committed;  and 

(6)  By  au<^beuticated  copies  of  tbo  depositions  or  statements  ou  wbicb 
sucb  warrant  of  arrest  was  issued. 

2.  In  tbe  case  of  a  person  cou  victed,  tbe  requisition  sball  be  accompauie^l 
by  a  copy  of  tbe  sentence  of  tbe  court  in  wbicb  be  was  convicted,  autbeu- 
ticated  under  its  seal. 

Akt.  XII.  Upon  receipt  of  a  requisition  for  surrender,  tbe  minister  for 
foreign  affairs  sball,  if  tbe  case  is  one  falling  under  an  extradition  treaty, 
transmit  tbe  requisition,  witb  its  accompa,nying  documents,  to  tbe  minister 
of  justice. 

Tbe  minister  of  justice  sball,  upon  tbeir  receipt,  and  if  be  considers  tbere 
be  due  cause,  order  tbe  bead  i)ublic  i^rocurator  of  any  j)lace  wbere  tbe 
fugitive  criminal  is  believed  to  be,  or  is  expected  to  come,  to  issue  a  war- 
rant for  bis  arrest. 

Art.  XIII.  A  bead  public  procurator,  upon  receipt  of  tbe  order  from  tbe 
minister  of  justice,  in  Article  XII  mentioned,  sball  issile  a  warrant  of  arrest. 
Sucb  warrant  sball  be  according  to  Form  II  to  tbese  regulations  annexed. 

Akt.  XIV.  Wben  tbe  person  claimed  sball  bave  been  apprebended, 
wbetber  provisionally  or  otberwise,  be  sball  be  brougbt  before  tbe  bead 
public  procurator  wbo  issued  tbe  warrant,  or  tbe  bead  jjublic  procurator 
witbiu  wbose  district  be  bas  been  apx>rebended. 

Sucb  procurator  sball  immediately  inform  tbe  minister  of  justice  of  sucb 
arrest. 

Tbe  minister  of  justice  sball  cause  to  be  forwarded  to  bim  so  soon  as  may 
be  practicable,  unless  tbe  discbarge  of  tbe  person  arrested  sball  bave  been 
ordered,  a  copy  of  tbe  requisition  for  surrender  and  tbe  documents  accom- 
panying tbe  original  requisition. 

Akt.  XV.  In  tbe  case  of  a  person  accused,  tbe  bead  public  procurator 
before  wbom  be  is  brougbt  sball  take  evidence  witb  respect  to  tbe  identity 
of  tbe  accused  and  tbe  genuineness  and  autbenticity  of  tbe  documents 
accompanying  tbe  requisition  for  surrender;  and  be  may,  if  be  deems  sucb 
documents  insufficient,  take  additional  evidence  as  to  tbe  criminality  of 
tbe  accused.  In  case  of  a  person  convicted,  tbe  bead  public  procurator 
eball  limit  bimself  to  obtaining  evidence  of  identity  and  i^roof  of  sentence 
baving  been  passed  by  a  competent  court  of  tbe  treaty  power  claiming  bis 
extradition. 

Art.  XVI.  Wben  tbe  bead  public  procurator  bas  completed  bis  enquiry 
be  sball  forward  a  copy  of  tbe  same  to  tbe  minister  of  justice  togetber  witb 
his  opinion  as  to  tbe  course  tbat  sbould  be  pursued.  He  sball  also  at  tbe 
same  time  return  tbe  copy  of  tbe  requisition  for  surrender  and  tbe  docu- 
ments accompanying  it.  Tbe  minister  of  justice  sball,  upon  receipt  of  such 
report  from  the  bead  public  procurator,  either  issue  a  warrant  of  surrender, 
according  to  Form  HI  to  tbese  regulations  annexed,  or  order  tbat  the  per- 
son arrested  be  discharged. 

Art.  XVII.  No  fugitive  criminal  sball  be  detained  for  more  than  two 
months  after  be  shall  bave  been  arrested  in  accordance  with  a  warrant  of 
arrest. 

Art.  XVIII.  Tbe  minister  of  justice  sball  issue  a  warrant  of  surrender 
only  in  ihe  following  cases: 


EXTRADITION.  183 

1.  In  the  case  of  a  person  accused  of  an  extradition  crime,  provided  the 
evidence  of  criminality  appears  to  him  sufficient,  according  to  the  law  of 
Japaa,  to  justify  his  committal  for  trial  if  the  crime  or  offence  of  which  he 
is  accused  had  been  committed  in  Japan. 

2.  In  the  case  of  a  person  convicted,  if  he  is  satisfied  that  the  person  has 
been  convicted  by  a  competent  court. 

Art.  XIX.  Persons  convicted  by  jiidgment  in  default  (in  contumaciam) 
shall,  for  the  purpose  of  these  regulations,  and  unless  it  be  otherwise  stipu- 
lated by  the  treaty  with  the  treaty  power  demanding  the  extradition,  be 
considered  as  persons  accused,  and  not  as  persons  convicted. 

Art.  XX.  When  any  person  arrested  has  been  discharged,  or  when  a  war- 
rant for  his  surrender  has  been  issued,  the  minister  of  justice  shall  return 
to  the  minister  for  foreign  affairs  the  requisition  for  surrender  and  its  ac- 
companying documents  along  with  a  short  statement  of  the  course  taken 
and  the  reasons  therefor. 

Art.  XXI.  No  person  shall  be  detained  after  the  issue  of  a  warrant  of 
surrender  for  more  than  one  mouth.  If  he  be  not  conveyed  out  of  the  Jap- 
anese Empire  within  that  time,  he  shall  be  discharged  from  custody,  unless 
good  cause  be  shown  to  the  contrary. 

Art.  XXII.  All  articles  seized  which  were  in  the  possession  of  the  per- 
son to  be  surrendered  at  the  time  of  his  apprehension  shall,  unless  for  good 
reason  to  the  contrary,  be  given  u^)  to  the  person  or  persons  who  receive 
him  when  the  extradition  takes  place. 

Art.  XXIII.  The  minister  of  justice  may,  upon  request  of  the  minister 
for  foreign  affairs,  authorize  the  passage  through  the  territory  or  the  ter- 
ritorial waters  of  Japan  of  any  person  who  has  been  surrendered  by  one 
foreign  power  to  another. 

Such  request  should  only  be  made  by  the  minister  for  foreign  affairs, 
after  receiving  an  application  through  the  proper  channel  from  the  gov- 
ernment to  which  the  surrendered  person  is  being  conveyed,  accompanied 
by  a  duly  authenticated  copy  of  the  warrant  of  surrender,  and  in  the  ab- 
sence of  treaty  stipulations  on  the  subject  between  the  Empire  of  Japan 
and  the  government  making  the  application,  an  assurance  that,  under  sim- 
ilar circumstances,  said  government  would  reciprocally  authorize  the  con- 
veyance through  its  territory  or  territorial  waters  of  persons  surrendered 
bv  third  powers  to  the  Empire  of  Japan. 


184 


EXTRADITION. 


FOitM  I. 


"Wakkant  of  Provisional  Arkest. 

Name,  Age,  Nationality  and  residence  of  the  per- 
son to  be  arrested. 

By  order  of  the  Minister  of  Justice,  this  warrant 
is  issned  pursuant  to  the  Extradition  Kegulations, 

and  the  above  mentioned a  fugitive  criminal 

of -ho  has  been  {accused  ^of^  jthecomxnis. 

sion  of in is  hereby  ordered  to  be  ar- 
rested to  be  fur;  her  dealt  with  according  to  law. 

Seal  and  Signature  of  the  Head  Pub- 
lic Procuiator. 

Seal  and  Signature  of  the  Court 
Clerk. 

The  day  of  the month 


Seal  of 
Public  Pro- 
curator's 
Office. 


of  the 


•  year  of  Meiji. 


Signature  of  the  person 
arrested ;  if  unable  to  ob- 
tain it,  the  reason  to  be 
stated. 


Date  and  hour  of  the  ex- 
ecution of  the  warrant. 


Place  of  the  execution  of 
the  warrant. 


Manner  of  the  execution 
of  the  warrant. 


If  a  house  is  searched, 
the  fact  to  be  stated. 


Executed  as  above  stated. 

Seal  and  Signature  of  the  Policeman  or  Gendarme. 

The day  of  the  month  of  the year  of 

Meiji. 


EXTKADITION. 


185 


FORM  n. 


Waekaxt  of  Akrkst. 

Name,  Age,  Nationality  and  residence  of  the  per- 
son to  bo  arrested. 

By  order  of  the  Minister  of  Justice,  this  warrant 
is  issued  pursuant  to  the  Extradition  Kegulations 
and  the  above  mentioned a  fugitive  criminal 


of- 


■  who  has  been 


the  commis- 


J  ac 

{  convicted  of  . 

hereby  ordered  to  he  ar- 


sion  of in la 

rested  to  be  further  dealt  with  according  to  law. 


Seal  of 
Public  Pro- 
curator's 
Office. 


Seal  and  Signature  of  the  Head  Pub- 
lic Procurator. 

Seal  and  Signature  of  the  Court 
Clerk. 

The day  of  the  month 


of  the 


•  year  of  Meyi. 


Signature  of  the  person 
arrested ;  if  unable  to  ob- 
tain it  the  reason  to  be 
stated. 


Date  and  hour  of  the  exe- 
cution of  the  warrant. 

Place  of  the  execution  of 
the  warrant. 

Manner  of  the  execution 
of  the  warrant. 

If  a  house  is  searchod, 
the  fact  to  bo  stated. 

Executed  as  above  stated. 

Seal  and  Signattlroof  the  Policeman  and  Gendarme. 

The day  of  the month  of  tlie year  of 

Meyi. 


186 


EXTRADITION. 


roKM  in. 


"Warrant  of 

Name,  Age,  Nationality 
son  to  be  surrendered. 

The  warrant  is  isaued  p 
tion  Kegulations  and  the 
who  was  arrested  on  the 
month  of  the year 

c--l{-S^edSof 
in under  a  warrant 

Surrender. 

and  residence  of  the  per- 

ursuant  to  the  Extradi- 
above  mentioned 

of  Meiji  "as  a  fugitive 

the  commission  of 

f  C  arrest                      } 
I  provisional  arrest  5 

year  of  Meiji 
to the  p 

receive  him;  ai 

manded  to  rec 

tody  and  to  co 

the and 

any  person  or 
him. 

18  hereby  ordered  to  be  .surrendered 
erson  or  persons  duly  appointed  to 

sive  the  said into  f  ttigij.}  c^s- 

nvey  him  within  the  jurisdiction  of 
there  place  him  in  the  custody  of 
persons  duly  authorized  to  receive 

Seal  of 

Department 

of 

Justice. 

Seal  and  Signature  of  the  Minister 

of  Justice. 
The day  of  the —  month 

of  the year  of  Meiji. 

Date  and  hour  of  the  exe- 
cution of  tlie  warrant. 

Place  where  executed. 

Signature  of  the  person 
or  persons  to  whom  the 
person  surrendered  has 
been  delivered. 

Executed  as  above  stated. 

Seal  and  Signature  of  the  Superintendent  of  the 
prison  where  the  person  to  be  surrendered  has 
been  detained. 

The day  of  the month  of  the year  of 

Meiji. 

EXTRADITION.  18" 


lilBERIA. 

January  2,  1889,  Mr.  Smith   inclosed  to   the  Department, 
from  the  secretary  of  state  of  Liberia,  the  following  note : 

Department  of  State, 
Monrovia,  January  1,  1889.  (Liberia,  W.  C.  A.) 
Sir:  I  have  the  honor  to  acliuowledcre  the  roceptiou  Iroui  your  lt!gatioii 
of  a  despatch  addressed  to  you  by  the  Honorable  tlie  Secretary  of  State  of 
the  Uuited  States,  with  reference  to  certain  information  to  be  obtained  on 
the  subject  of  international  extradition  as  practiced  by  the  Government  of 
the  Republic  of  Liberia. 

2.  In  reply  to  the  inquiries  suggested  in  the  document  now  under  reply, 
I  have  most  respectfully  to  inform  you  that  this  Government  has  not,  up  to 
the  present,  entered  into  treaty  relations  with  any  foreign  states  with  ref- 
erence to  the  extradition  of  fugitives,  and  does  not  extradite  in  the  conse- 
quent absence  of  a  conventional  obligation  to  that  effect. 

3.  As  a  natural  consequence  of  the  absence  of  treaty  obligations  on  the 
subject  of  extradition,  there  has  so  far  been  no  legislation  on  the  subject, 
and  I  am  therefore  unable  to  give  the  information  sought  for  in  the  remain- 
ing ijaragraph  of  the  above  cited  document. 

I  have  the  honor  to  be,  &c., 

E.  J.  Barclay. 


MEXICO. 


The  follovring  cases  hearing  on  procedure  in  Mexico  are 
taken  from  the  records  of  the  department  of  State : 

May  19,  1883,  Mr.  Morgan,  minister  of  the  United  States  at  the  City  of 
Mexico,  was  instructed  by  telegraph  to  ask  for  the  airest  of  one  Vincent, 
charged  witli  embezzk;ment  of  public  ujoneys  in  the  United  States.  Mr. 
Morgan  preferred  tlie  request.  In  reidy  the  M<'xiean  minister  of  f<ucign 
affairs  said  that  it  would  be  useless  to  telegraph  an  order  for  Vincent's  ar- 
rest, since  no  doscrii>tion  of  liim  was  furnished  nor  any  information  of  his 
wliereabouts.  He  also  adverted  to  tlie  fact  tliat  the  treaty  did  not  author- 
ize t  e  arrest  of  a  fugitive  upon  telegnipliic  requcMt  i)rior  to  tbo  receipt  of 
a  forn  al  requisition.  Subse(|iiently  adescripfion  of  Vincent  w:is  furnished 
and  on  the  2nd  of  .July,  l^^Kj,  Mr.  Morgan  telignqtliefl  io  the  Dcparlment 
that  on  the  pn-ceding  day  the  rresiilent  of  Mexico  had  instructed  the  gov- 
enjor  of  Coahuila,  where  Vincent  was  supposed  to  be,  to  arrest  hin>  and  to 
detain  him  until  the  extradition  p.apers  were  presented.  On  the  r>th  ot 
April,  1884,  Mr.  Morgan  rejjorted  that  the  President  of  Mexico  had  onlered 
Vincent's  surr<!nder. 

On  the  2nd  of  July,  1H84,  Mr.  Morgan  reported  to  the  De|iartment  that, 
pnrsuajit  to  its  telegraphic  iiistruc^lionH,  ho  had  reiinested  tlio  fon-ign  ofllco 
to  dir(!ct  the  authorities  at  Monlen-y,  Nueva  Fieori,  to  hold  one  MorriMon, 
charged  with  forgery  at  San  Antonio,  Texas,  until  tl»o  arrival  of  an  appli- 
cation for  his  extradition,  which  wna  then  on  its  way.     The  minister  for 


188  t^XTRADITIOX. 

foreign  affiiirs  replied:  "Having  yesterrlay  received  a  cablegram  from 
Seiaor  Romero  [Mexican  minister  at  Washington]  containing  a  similar 
application  from  the  Secretary  of  State  at  Washington,  I  immediately 
telegraphed  the  governor  of  Nueva  Leon  to  order  Morrison's  detention." 

On  July  12,  1884,  Mr.  Morgan  enclosed  a  note  from  Mr.  Fernandez,  of 
July  9,  saying  that  the  governor  of  Nueva  Leon  had  ordered  Morrison's 
detention,  and.  he  hoped  the  documents  would  soon  he -transmitted.  On 
August  5,  1884,  Mr.  Morgan  reported  that  an  order  had  been  issued  for  his 
extradition.  Mr.  Morgan  stated  that  on  July  21  he  received  a  note  from 
the  minister  for  foreign  affairs  announcing  that  the  governor  of  Nueva 
Leon  had  telegraphed  that  he  would  hold  Morrison  subject  to  the  orders  of 
the  department  of  foreign  affairs.  This  was  before  the  legation  had  received 
the  pajters,  which  came  on  Jr.ly  211. 

July,  8,  1885,  Mr.  Jackson,  minister  of  the  United  States  in  Mexico,  re- 
ported making  request  in  accordance  with  telegraphic  instructions  for  the 
arrest  of  one  Hamilton,  embezzler  of  public  moneys,  supposed  to  be  at  Paso 
del  Norte.  He  assured  the  Mexican  Government  that  the  i>apers,  warrant, 
and  requisition  would  go  forward  immediately.  July  7,  Mr.  Mariscal,  min- 
ister for  foreign  affairs,  replied  that  he  had  sent  the  governor  of  Chihuahua 
the  following  telegram  : 

"  The  United  States  minister  asks  the  detention  of  James  A.  Hamilton, 
who  must  be  in  Paso  del  Norte;  he  offers  to  furnish  proofs  which  justify 
extradition. 

"  Please  order  immediate  imprisonment  of  Hamilton,  consulting  American 
consul  as  to  his  identity." 

Various  requests  of  the  minister  of  the  United  States,  based  on  tele- 
graphic instructions,  are  found  for  the  provisional  detention  of  fugitives, 
pending  the  receipt  of  formal  proofs.  When  such  telegraphic  instructions 
afforded  information  sufficiently  definite  for  the  identification  and  arrest  of 
the  accused,  appropriate  orders  have  generally  been  issued. 

The  regular  course  of  procedure  to  obtain  the  extradition  of  a  person  in 
Mexico  under  the  treaty  between  that  country  and  the  United  States  is  to 
send  a  formal  requisition,  accompanied  with  the  requisite  evidences  of 
criminality,  to  the  legation  in  Mexico  for  presentation  to  the  foreign  office. 
If  the.  evidences  be  found,  to  be  in  due  form  and  sufficient,  the  President 
orders  the  extradition.  Upon  receipt  of  this  order  the  local  authority  pro- 
ceeds to  arrest  the  fugitive  and  to  hand  him  over  to  the  agent  of  the  United 
States  upon  proof  of  the  fugitive's  identity.  If  the  fugitive  has  already 
been  arrested  and  such  prooi'  has  been  made,  he  is  at  once  banded  over  to 
such  agent. 

Except  in  case  of  offences  committed  in  frontier  States  and  Territories, 
as  to  which  special  provision  is  made  in  the  treaty  between  the  United 
States  and  Mexico,  the  surrender  of  a  fugitive  in  the  latter  country  can 
take  place  only  upon  the  order  of  the  President  of  the  Republic. 

Where  certain  fugitives,  charged  with  forgery  in  the  State  of  Missouri, 
fled  to  Mexico,  carrying  with  them  a  large  part  of  the  proceeds  of  their 
crime,  and  wereVupon  proper  demand  and  proof,  ordered  to  be  surrendered, 
it  was  also  directed,  upon  the  request  of  the  United  States,  that  "the 
papers  and  other  effects  of  the  prisoners,  which  may  serve  for  their  convic- 
tion of  the  crime  of  forgery  of  which  they  are  accused,"  should  be  delivered 


EXTEADITION.  189 

to  the  agent  of  the  United  States  who  was  authorized  to  receive  the  pris- 
oners. [Mr.  Bragg,  U.  S.  Minister,  to  Department  of  State,  19  February, 
1889,  MSS.  despatches  from  Mexico  ;  case  of  Harrison  and  Samuels.] 


NETHERLANDS. 

January  5,  1889,  Mr.  Eoosevelt  made  the  following  report : 

Sir  :  In  compliance  with  your  circular  of  November  26,  1888,  no  num- 
ber, in  reference  to  the  extradition  of  criminals,  I  have  the  honor  to  enclose 
(1)  duplicate  copies  law  of  April  G,  1875;  (2)  duplicate  copies  article  2d, 
modifying  conditions  of  extradition  to  suit  penal  code;  (^)  duplicate  pro- 
posals for  treaties;  (4)  a  report  from  the  Netherlands  Government  cover- 
ing the  questions  in  the  circular. 

The  latter  is  so  full  and  explicit  that  I  think  it  fully  covers  all  that  the 
Government  desires  m  the  matter. 

I  am,  etc., 

R.  B,  Roosevelt. 


[Inclosure  1 — Translation.] 
Zato  of  April  6,  1875,  on  extradition.     {Bulletin  of  Laics,  JN'o.  66.) 

Akt.  1. 

Articles  16,  17,  and  18  of  the  law  of  August  13, 1849  (Bulletin  of  Laws 
No.  .39),  are  repealed. 

No  new  treaty  concerning  the  extradition  of  foreigners  can  be  concluded, 
nor  can  the  existing  treaties  on  this  subject  be  renewed,  except  in  con- 
formity with  the  provisions  of  the  present  law. 

Art.  2. 

Foreigners  can  be  extradited  only  for  the  crimes  and  offenses  hereinafter 
enumerated  committed  outHide  the  Kingdom  : 

1.  Attfiiipts  against  the  life  of  the  Sovcn'ign,  or  of  tlie  members  of  his 
family,  or  of  the  liead  of  a  republic; 

2.  Murder,  assaHsination,  parricide,  infanticide,  poisoning; 

:{.  Threats,  puni.sliable  according  to  the  provisions  of  article  305  of  the 
penal  code ; 

4.  Abortion  ; 

.'■).  Intentional  wounds  or  blows,  which  have  occjisioned  a  disease  or  iu- 
capacity  fur  iiersonal  labor  during  more  than  twenty  days,  or  which  have 
been  delivi-red  with  nialifc  iilon-lhoiiglit ; 

0.  Rape,  or  any  other  attempt  against  chastity,  committed  with  violence  ; 

7.  OtTonscH  .igainst  public  morals,  iiunisliable  in  accordance  with  thopro- 
vif'ions  of  article  334  of  the  ]h  mil  ((mIi-  ; 

8.  Bigamy; 

9.  Kidnapi>ing,  concealineni,  suppression  of  the  birth  of  a  child,  the 
substitution  or  changing  of  a  child  ; 


190  EXTRADITION. 

10.  Kidnapping  of  minors  ; 

11.  The  counterfeiting,  falsifying,  debasing,  or  clipping  of  coin,  or  inten- 
tional participation  in  the  issuing  of  counterfeited,  falsified,  debased,  or 
clipped  coin ; 

12.  Counterfeiting  or  falsifying  the  seals  of  state,  bank-notes,  the  public 
funds,  dies,  stamps  and  marks,  punishable  according  to  the  provisions  of 
articles  139-143  of  the  penal  code  ;  counterfeiting  or  falsifying  paper  money 
and  postage-stamps; 

13.  Forgery,  punishable  according  to  the  provisions  of  articles  145-148 
and  150  and  151  of  the  penal  code ; 

14.  False  testimonj'^,  subornation  of  i^erjury,  false  swearing ; 

15.  Bribery  of  public  functionaries,  punishable  in  accordance  with  the 
provisions  of  articles  177-179,  and  181-183,  of  the  penal  code,  malversation, 
fraudulent  conversion,  or  embezzlement  committed  by  public  receivers  or 
depositaries ; 

16.  Intentional  incendiarism,  punishable  in  accordance  with  the  provis- 
ions of  articles  434  and  435  of  the  penal  code ; 

17.  Intentional  dtstruction  of  real  property,  jjuuishable  in  accordance 
with  the  provisions  of  article  437  of  the  penal  code ; 

18.  Larceny  of  personal  property,  punishable  in  accordance  with  the  pro- 
visions of  articles  440  and  442,  of  the  penal  code  ; 

19.  The  illegal  and  intentional  loss,  wrecking,  destruction  of,  or  injury 
to  shii)s  or  other  vessels  ; 

20.  Mutiny  and  rebellion  of  passengers  on  board  of  a  vessel  against  the 
captain,  and  of  the  crew  against  their  superior  officers; 

21.  The  crime  of  intentionally  endangering  a  train  on  a  railroad  ; 

22.  Eobbery ; 

23.  Swindling  ; 

24.  Fraudulent  use  of  a  signature  in  blank ; 

25.  Emb^ezzlement  or  waste,  to  the  injury  of  the  owner,  holder,  or  pos- 
sessor of  goods  or  valuables  which  have  only  been  placed  on  deposit  or 
for  hired  work ; 

26.  Fraudulent  bankruptcy. 

Art.  3. 

Extradition  shall  take  place  not  only  for  the  crime  or  offense  when  con- 
summated, but  also  for  the  attempt,  or  the  act  of  complicity,  when  either 
is  punishable  under  the  provisions  of  the  penal  laws  of  the  Netherlands. 

Art.  4. 

Extradition  shall  not  be  granted  as  long  as  the  foreigner  is  undergoing 
prosecution  in  the  Netherlands  for  the  crime  or  offence  committed  outside 
of  the  Kingdom,  nor  if  lie  has  been  tried  in  the  Kingdom  for  the  said  crime 
or  offense,  and  has  been  condemned,  discharged,  or  acquitted. 

Art.  5. 

Extradition  shall  not  be  granted  when  the  prosecution  or  punishment  of 
the  crime  or  offence  is  barred  by  prescription  under  the  laws  of  the  Nether- 
lands, before  the  arrest  of  the  foreigner  in  the  Kingdom,  or,  if  the  arrest 


EXTEADITION.  191 

has  not  teen  made,  before  he  has  been  summoned  before  the  tribunal  to  be 
examined. 

Art.  6. 

If  the  foreigner  is  underjroing  prosecution  in  the  Netberlands  for  an 
oflfence  other  than  that  which  has  given  rise  to  the  request  for  extradition, 
this  request  shall  not  be  granted  until  after  the  close  of  the  trial,  and,  in 
case  of  condemnation,  until  after  he  has  undergone  his  sentence,  or  been 
pardoned.  ' 

Nevertheless,  the  foreigner  may  be  provisionally  extradited,  to  be  tried 
in  the  foreign  state,  on  condition  that  he  shall  be  returned  to  the  Nether- 
lands after  the  close  of  the  proceeding. 

Art.  7. 

Extradition  shall  be  granted  only  on  condition  that  the  extradited  person 
shall  not  be  prosecuted  or  punished  for  any  crime  or  offense  whatever,  com- 
mitted before  his  extradition,  which  is  not  specified  in  the  treaty,  unless 
he  has  had,  for  one  month  after  his  extradition,  opportunity  again  to  leave 
the  country. 

Art.  8.  ^ 

Extradition  shall  be  requested  through  the  diplomatic  channel. 

It  shall  be  granted  only  in  accordance  with  the  judgment  of  the  court  of 
the  arrondissement,  in  which  the  person  whose  extradition  is  requested  has 
been  arrested  or  shall  bo  found. 

In  giving  judgment  the  court  shall  decide  which  of  the  articles  seized 
may  be  restored  to  the  person  whose  extradition  is  requested  and  wliich 
are  to  be  surrendered  as  evidence  for  conviction. 

Art.  9. 

Whilst  awaiting  tin;  request  through  the  diplomatic  chaiinid  the  for- 
eigner whose  extradition  may  be  requested  may  be  provisionally  arrested 
in  virtue  of  an  order  of  an  oCQcer  of  justice  or  of  one  of  his  deputies  upon 
the  request  of  the  foreign  authority  designated  by  the  treaty  as  competent 
to  issue  a  provisional  warrant  of  arrest. 

Articles  in  the  possession  of  the  foreigner  may  be  seized. 

If  the  provisional  arrest  has  been  made  in  virtue  of  an  ohUt  fr<ini  a 
deputy  oflicer  of  justice  the  prisnMi  r  sIimIMh- !iiiiiiiili:ili'l\  lnoii'jlii  tirCnro 
the  oDicer  of  justice. 

Akt.   10. 

After  having  heard  tiie  prisoner  the  oflicer  may  issue  n  pntviHional  war- 
rant of  arrest  in  his  case,  which  shall  bo  notified  to  the  prisomr  williiii 
forty-eight  hf)iirs. 

Tlie  oflicer  of  justice  shall  order  the- immediate  discharge  of  the  prisoner, 
unless  he  is  to  bohtdd<in  another  gmuiid,  and  the  restitution  of  the  articles 
seized,  iinlesH  there  is  anothergroiiml  for  retaining  them,  if  the  rei|iu>Nt  for 
extradition  is  not  addressed  to  him,  together  witli  the  necessary  dociimentH, 
within  the  jieriod  Gxed  by  the  treaty,  which  can  not  exceed— 

(1)  Twenty  days,  counting  from  the  date  of  the  provisional  warrant  of  ar- 


192  EXTRADITION. 

rest,  if  the  arrest  has  been  requested  on  bebalf  of  an  European  govern- 
ment; 

(2)  Three  months,  counting  from  the  same  date,  if  the  request  has  been 
made  on  behalf  of  a  government  outside  of  Euroxje. 

When  the  request  for  extradition  has  been  made  within  this  period,  pro- 
ceedings shall  be  had  in  conformity  with  the  provisions  of  articles  13-18. 

Art.   11. 

The  request  for  extradition  from  the  foreign  government  shall  be  accom- 
panied by  the  original,  or  by  an  authenticated  copy  of  a  sentence  of  con- 
demnation, or  of  a  bill  of  indictment  or  of  an  order  of  commitment,  to- 
gether with  the  warrant  of  arrest,  or  of  any  other  document  of  the  same 
character  in  use  in  the  foreign  state  and  specified  in  the  treaty. 

Art.  12. 

Foreigners  whose  extradition  is  requested  in  virtue  of  a  treaty,  and  whose 
arrest  has  not  yet  been  effected,  shall  be  arrested.  The  warrant  of  arrest 
is  to  be  notified  to  them  within  forty-eight  hours. 

The  articles  found  in  their  possession  may  be  seized. 

The  officer  of  justice  of  the  court  of  the  arrondissement  where  the  arrest 
has  taken  place  shall  be  informed  of  the  arrest  within  twenty-four  hours. 

Art.  13. 

Within  three  days  after  the  arrest  and,  if  the  latter  has  not  been  made, 
or  if  it  has  been  made  before  the  request  for  extradition,  within  three  days 
after  having  received  the  order  for  it,  the  officer  of  justice  shall  cause  the 
individual  whose  extradition  is  requested  to  be  examined  by  the  court,  and 
shall  ask  the  latter  to  give  its  opinion  on  the  admissibility  of  the  request 
for  extradition. 

Art.  14. 

The  person  whose  extradition  is  requested  shall  be  examined  in  open 
court,  unless  he  shall  request  a  secret  session,  or  unless  a  secret  session  shall 
be  ordered  by  the  court,  during  the  whole  or  part  of  the  hearing,  for  grave 
reasons,  which  shall  be  noted  on  the  records. 

The  examination  shall  take  place  in  presence  of  the  public  prosecutor. 

The  person  whose  extradition  is  requested  may  be  assisted  by  counsel. 
Any  person  possessing  the  qualifications  necessary  to  defend  an  accused 
person  before  the  criminal  or  correctional  court  shall  be  admitted  as 
counsel. 

Art.  15. 

Within  fifteen  days  after  the  examination,  the  court  shall  transmit  its 
opinion,  and  the  judgment  spoken  of  in  art.  8,  together  with  the  papers  in 
the  case,  to  our  minister  of  justice. 

Art.  16. 

Every  person  who,  having  been  arrested  or  his  extradition  having  been 
demanded,  lays  claim  to  the  possession  of  the  quality  of  Dutch  nationality, 


EXTRADITION.  193 

and  who  alleges  that  the  present  law  is  consequently  not  applicable  to  him, 
may  claim  this  quality  by  petition  addressed  to  the  high  court  within  the 
fifteen  days  foUowmg  his  examination. 

The  ofiicer  of  justice  shall  inform  him  of  this  right,  as  soon  as  possible 
after  his  arrest,  and  it  shall  be  recalled  to  him  at  the  time  of  his  examina- 
tion. He  shall,  moreover,  be  informed  that  he  has  the  right  to  consult 
counsel  on  this  point. 

The  clerk  of  the  high  court  shall  immediately  inform  our  minister  of 
justice  of  the  filing  of  the  petition. 

Art.  17. 

The  high  court  shall  decide  after  having  heard  the  attorney-general.  If 
the  high  court  decides  that  the  petitioner  is  a  Netherlander,  it  shall  at  the 
same  time  decree  his  immediate  discharge,  if  he  has  been  arrested,  unless 
he  is  to  be  kept  under  arrest  for  ituother  leasou. 

The  attorney-general  of  the  high  court  shall  immediately  inform  our 
minister  of  justice  of  the  judgment  of  the  court. 

If  the  court  decides  that  the  petitioner  is  a  Netherlander  tho  articles 
seized  shall  be  restored  to  him,  unless  they  are  to  be  retained  on  another 
ground,  and  the  proceedings  before  the  lower  court,  if  they  have  been  com- 
menced without  being  concluded,  shall  be  discontinued. 

AuT.  18. 

If,  within  the  period  fixed  by  article  16,  the  decision  of  the  high  court 
has  not  been  sought,  or  if  it  has  been  decided  by  the  court  that  the  per- 
son whose  extradition  is  requested  is  not  a  Netberlander,  tho  extradition 
shall  be  granted  or  refused  by  our  minister  of  justice,  after  having  re- 
ceived tlie  ojiinion  of  the  (lower)  court. 

If  the  extradition  is  refused,  the  person  whose  extradition  is  requested 
shall  be  imnicfliately  discharged,  if  lie  has  been  arrested,  unless  he  is  to  be 
kept  under  arrest  for  another  reason,  and  the  articles  seized  shall  be  re- 
stored to  him,  unless  there  is  another  ground  for  retaining  them. 

Art.  id. 

If  the  person  whose  extradition  is  requested  has  not  been  arrested,  and 
if,  being  duly  cited,  he  has  not  ai)pcar(id  before  the  (lowc^r)  court  for  ex- 
amination, thi!  periods  specified  in  articles  V}  and  Ki  sliall  begin  to  run 
from  the  day  fixed  by  the  (lower)  court  for  tho  examination. 

Art.  20. 

The  Governiiifiif  may  anlhoii/.e  Hit-  Iraiisit  through  llie  ((•rritf)ry  of  tlie 
Nothoriands  of  a  f(n(rigncr  whose  extradition  luis  been  granted  l>y  a  for- 
eign government  to  another  government  liaving  a  treaty  of  extradition 
with  the  Netherlands,  including  the  oflbnco  lor  which  extradition  has  been 
gray  ed  to  tlio  latter  state,  jirovided  that  the  transit  takes  placu-,  so  far  as 
t-'^e  escort  is  eoncerned,  willi  tlie  co-oporation  of  the  odicials  of  tho  Nefh- 
i  <  .u  ids. 

S.  Ex.  5r> — 1;{ 


194  EXTRADITION. 

Art.  21. 

The  Government  may  order  that  the  foreigner  who  is  provisionally  de- 
tained, or  ^Yho  is  serving  his  sentence  in  the  Netherlands,  shall  be  temiio- 
rarily  delivered  to  a  foreign  state  to  appear  in  court  or  to  be  heard  as  a  wit- 
ness in  a  criminal  case. 

If  the  foreigner  is  serving  his  sentence  iu  the  Netherlands,  the  continu- 
ance of  the  said  sentence  shall  not  be  interrupted  by  this  being  done. 

Art.  22. 

The  present  law  regards  as  a  Netherlander  any  one  who  is  held  to  be  such 
hy  the  provisions  of  the  civil  code. 

Persons  assimilated  to  Netherlanders  in  accordance  with  the  terms  of 
article  8  of  this  code  shall  be  considered  as  foreigners  so  far  as  the  appli- 
cation of  the  present  law  is  concerned. 

Art.  23. 

All  papers  and  documents  drawn  up  in  virtue  of  the  present  law  shall  be 
exempt  from  stamping  and  registration,  and  shall  be  furnished  without 
charge. 

v  Art.  24. 

The  present  law  does  not  apply  to  the  arrest  of  deserting  seamen,  to  their 
return  to  their  vessels,  and  to  the  measures  to  be  taken  to  put  them  in 
charge  of  the  consuls  of  their  nation. 


[Inclosnrp  2. — Translation.] 

Article  2  of  the  law  of  April  6,  1875  (BuUctin  of  Laws,  Xo.  GO),  refjulathig  the 
general  terms  on  lohich  extradHion  treaties  may  he  concluded  iv'ith  foreign  pow- 
ers, as  said  article  has  been  modified  in  order  to  harmonize  it  tvifh  the  new  penal 
code. 
Foreigners  can  only  be  extradited  for  the  acts  hereinafter  enumerated, 

committed  outside  the  Kingdom  : 

1.  (fl)  Attempt  against  the  life  or  liberty  of  the  king,  the  reigning  queen, 
the  regent,  or  other  head  of  a  friendly  state,  or  undertaken  with  the  de- 
sign of  rendering  them  incapable  of  reigning;  (&)  attempt  against  the 
life  or  liberty  of  the  queen  not  reigning,  of  the  heir  apparent  of  the 
throne,  or  of  a  member  of  the  sovereign  family. 

2.  Murder  or  assassination,  murder  or  assassination  committed  on  a 
child. 

3.  Threats  punishable  according  to  paragraph  2  of  article  285  of  the  penal 
code. 

4.  Abortion  procured  by  the  woman  with  child  or  by  others. 

5.  Ill-treatment  causing  serious  bodily  injury  or  death,  ill-treatment 
committed  with  premeditation,  or  serious  ill-treatment. 

6.  Rape,  or  one  of  the  offences  against  morals,  punishable  according  to 
articles  243-247,  inclusive,  of  the  penal  code. 


EXTRADITION'.  195 

7.  Incitement  of  minors  to  debauch,  and  every  act  having  for  its  object 
the  favoring  of  connptiou  of  minors,  punishable  according  to  article  UbO 
of  the  penal  code. 

8.  Bigamy. 

9.  xVbduction,  concealment,  suppression,  substitution,  or  changing  of  a 
child. 

10.  Abduction  of  minors. 

11.  Counterfeiting  or  altering  of  coins  or  paper  money,  undertaken  with 
the  design  expressed  in  article  208  of  the  penal  code,  or  the  putting  in  cir- 
culation of  coins  or  paper  moue.^,  when  done  intentionally. 

12.  Counterfeiting  or  falsifying  stam^js  and  marks,  2>nuishablo  accord- 
ing to  articles  216  and  217  of  the  penal  code. 

13.  Forgery,  punishable  according  to  articles  ^22'^  to  227,  inclusive,  of  the 
penal  code,  as  well  as  the  keeping  or  the  introduction  from  abroad  of  notes 
of  a  bank  of  circulation  established  by  virtue  of  legal  ordinances,  witli  the 
intention  of  putting  them  in  circulation  as  being  neither  false  nor  falsified, 
•when  the  author  knew  at  the  moment  when  ho  received  them  that  they 
were  false  or  falsified. 

14.  False  oath. 

15.  Corrniiticm  of  public  officials,  i»unishable  according  to  articles  178, 
363,  and  364  of  the  penal  code ;  extortion,  cnibc/.zlfiiu'ut  committed  by 
officials  or  by  those  who  are  considered  such. 

16.  Arson,  in  the  cases  foreseen  in  articles  157  an-i  32b  of  the  penal  code. 

17.  Illegal  destruction  of  a  building,  committed  intentionally,  punishable 
according  to  article  352  of  the  penal  code,  or  of  a  building,  or  of  a  struct- 
ure in  the  cases  foreseen  in  article  170  of  the  said  code. 

13.  Acts  of  violence  committed  in  public,  with  united  foncs,  ag.iinst  per- 
sons or  jtroperty  in  the  cases  foreseen  in  article  141  of  the  penal  code. 

19.  The  illegal  act,  committed  intentionally,  of  sinking,  wrecking,  de- 
stroying, rendering  unfit  for  use,  or  injuring  a  vessel,  in  the  cases  foreseen 
in  article  16H  of  the  penal  code. 

20.  Revolt  and  insubordination  of  the  passengers  ou  board  of  a  vessel 
against  the  captain,  and  of  the  crew  against  their  suiK-riors. 

21.  The  act,  committed  intentionally,  of  endangering  a  train  on  a  rail- 
road. 

22.  Tlieft. 

23.  Swindling. 

24.  Abuse  of  a  blank  signature. 

25.  Kmbezzlement. 

26.  Fraudulent  bankruptcy. 


Jrliclea  of  the  new  penal  code  relating  to  the  law  of  April  C,  1875  {Bulletin  of 

Lttwa,  No,  ()6). 

45,  The  attempt  to  commit  an  oll'eneo  is  punisliablo  if  (lie  intention  of 
the  jintiior  \m\h  been  shown  by  a  beginnini;  (»f  peiformanci',  and  if  the  j>er- 
formanre  has  only  remained  nnfinlHlifd  in  connciinenee  of  cirennistaiices  in- 
dependent of  his  will. 

Tlif  niiixiiniim  of  the  |>rin(i|i;il  penalties  attached  to  an  ipIkiicm  mIwiII  bo 
dimini^.lIed  l)y  onr-tliird  for  the  attcmiit. 


196  EXTRADITION 

47.  Shall  be  punishetl  as  authors  of  punishable  acts — 

(1)  Those  who  commit  the  act,  who  have  it  committed,  or  who  assist  in 
•committing  it; 

(2)  Tliose  who,  by  gifts,  promises,  abuse  of  authority,  violence,  threats, 
or  deceit,  designedly  provoke  the  act. 

With  regard  to  the  latter,  account  is  taken  only  of  the  acts  which  they 
have  designedly  provoked,  as  welLas  of  the  consequences  of  said  acts. 

48.  Shall  be  punished  as  accomplices  in  an  offence — 

(1)  Tliose  who  intentionally  lend  their  aid  to  commit  the  offeuce  ; 
('2)  Those  who  intentionally  procure  the  opportunity,  the  means,  or  the 
information  for  committing  the  offence. 

49.  For  accomplices  the  maximum  of  the  principal  penalties  shall  bedi- 
miuLshed  by  a  third. 

In  fixing  the  penalty,  account  shall  be  taken  only  of  the  acts  which  the 
accomplice  has  facilitated  or  favored  intentionally,  as  well  as  of  the  conse- 
quences of  said  acts. 

81.  The  act  of  putting  a  person  into  a  swoon-  or  into  a  state  of  uucon- 
Bciousness  is  regarded  as  violence. 

84.  All  persons  elected  in  the  elections  ordered  by  virtue  of  a  provision 
of  the  law  are  considered  officials. 

Uuipires  are  included  in  the  terms  "  functionaries  and  judges ;"  those 
who  exercise  administrative  jnrisdiction,  in  the  term  "judges." 

All  who  belong  to  the  armed  force  are  also  considered  officials. 

92.  The  attempt  against  the  life  or  the  liberty  of  the  King,  of  the  reigning 
Queen,  or  of  the  regent,  or  undertaken  with  the  design  of  rendering  them 
incapable  of  reigning,  shall  be  punished  with  imprisonment  for  life,  or  for 
a  period  of  not  more  tbiin  twenty  years. 

108.  The  attemj)t  against  the  life  or  liberty  of  the  queen  not  reigning,  of 
the  heir  apparent  of  the  throne,  or  of  a  member  of  the  sovereign  family 
shall  be  punished  with  imprisonment  for  not  more  than  fifteen  years.  If 
the  attempt  against  the  life  has  occasioned  death,  or  has  been  undertaken 
with  premeditation,  the  punishment  shall  be  imprisonment  for  life  or  for  a 
period  of  not  more  that  twenty  years. 

115.  The  attempt  against  the  life  or  liberty  of  a  reigning  prince,  or  of 
another  head  of  a  friendly  state,  shall  be  punished  with  imprisonment  for 
not  more  than  fifteen  yeArs. 

If  the  attempt  against  the  life  has  caused  death,  or  has  been  undertaken 
with  premeditation,  the  punishment  shall  be  imprisonment  for  life  or  for  a 
period  of  not  more  than  twenty  years. 

141.  Those  who,  in  public,  with  united  forces,  commit  acts  of  violence 
against  persons  or  property,  shall  be  punished  with  imprisonment  for  not 
more  than  four  years  and  six  months. 

The  criminal  shall  be  punished  : 

(1)  With  imiuisonment  for  not  more  than  six  years,  if  he  destroys  prop- 
erty intentionally,  or  if  the  violence  committed  by  him  has  caused  any 
bodily  injury; 

(2)  With  imprisonment  for  not  more  than  nine  years,  if  said  violence 
has  occasioned  any  serious  bodily  injury; 

(3)  With  imprisonment  for  not  more  than  twelve  years,  if  said  violence 
has  occasioned  death. 

Article  81  is  not  applicable  to  the  cases  foreseen  by  this  article. 


EXTRADITIOX.  197 

V)7.  Whoever  intentioually  sets  fire  to  anythiug,  or  causes  an  explosion 
or  an  inundation,  shall  be  punished  : 

(1)  With  imprisonment  for  not  more  than  twelve  years,  if  a  common 
danger  for  property  may  result  from  it. 

(2)  With  imprisonment  for  not  more  than  fifteen  years,  if  danger  of  death 
to  others  may  result  from  it. 

(3)  With  imprisonment  for  life,  or  for  a  period  of  not  more  than  twenty 
years,  if  danger  of  death  to  others  may  result  from  it,  and  if  the  act  has 
caused  the  death  of  any  one. 

164.  Whoever  intentionally  creates  a  danger  to  steam  communication  on 
a  railroad  shall  be  punished  with  imprisonment  for  not  more  than  fifteen 
years. 

If  tbe  act  has  occasioned  the  death  of  any  one,  the  criminal  shall  be  pun- 
ished with  imprisonment  for  life,  or  for  a  period  of  not  more  than  twenty 
years. 

168.  Whoever  intentionally  and  illegally  sinks  or  wrecks  a  vessel,  de- 
stroys it,  renders  it  unfit  for  use,  or  injures  it,  shall  bo  punished: 

(1)  With  imprisonment  for  not  more  than  fifteen  years,  if  a  danger  to 
others  may  result  from  it. 

(2)  With  imprisonment  for  life,  or  for  a  period  of  not  more  than  twenty 
years,  if  a  danger  to  others  may  result  from  it,  and  if  tho  action  has  occa- 
sioned the  death  of  any  one. 

170.  Whoever  intentionally  destroys  or  injures  any  building  or  strncture, 
shall  be  punished  : 

(1)  With  imprisonment  for  not  more  than  twelve  years,  if  a  common 
danger  to  property  may  result  from  it; 

(2)  With  imprisonment  for  not  more  than  fifteen  years,  if  a  danger  of 
death  to  others  may  result  from  it; 

(3)  With  imprisonment  for  life,  or  for  a  period  of  not  more  than  twenty 
years,  if  a  danger  of  death  to  others  may  result  from  it,  and  if  the  act  has 
occasioned  tlx-  death  of  any  one. 

17b.  Whoever  makes  a  present  or  a  promise  to  a  judge,  with  a  view  to  in- 
fluencing the  decision  of  a  cause  submitted  to  the  jiulgmeut  of  the  latter, 
siiall  bo  punished  with  imprisonment  for  not  more  than  six  years. 

If  said  gift  or  promist;  is  made  with  a  view  to  obtainii.g  a  condenniation 
in  a  penal  cause,  tho  criminal  shall  be  punished  with  imprisonment  for  not 
more  than  nine  years.* 

Dejuivation  of  tho  rights  mentioned  in  article  2H,  Noh.  1  10  4,"  may  bo 
]>ron(iunceii. 

•AuT.  28.  The  rights  of  which  tlie  criminal  may  bo  deprived  by  judicial 
decision  in  the  cases  fixed  by  law  are: 

(1)  'I'lir  ri;.dit  to  b<(  appointed  to  jtublic  tiinction^,  or  In  ciTlain  iletir- 
niined  ])ul)lic  timet  ions. 

(2)  'Hie  right  of  serving  in  tho  armed  force. 

(:{)  The  right  of  electing  or  of  being  elected  in  tlu!  elections  ordered  by 

virtue  of  a  li-gal  ordinance. 

(4)  The  right  tobe  a  jndii'ial  coiumel  or  administrator;  that  of  beluga 
guardian,  or  a  substituted  guardian,  trustee,  or  substituted  (rustee  of  other 
children  than  his  own. 

(.".)  Fut.riial  .iiilliority.  tli<-  guardianship  aii<l  trusteeship  <>f  his  own 
children. 


198  EXTRADITION. 

"207,  Whoever,  in  cases  iu  which  a  provision  of  the  law  requires  a  declara- 
tion affirmed  under  oath,  or  attaches  to  said  declaration  certain  legal  con- 
sequences, intentionally  makes  a  false  declaration  under  oath,  verbally  or 
in -writing,  iu  person  or  by  a  special  proxy,  shall  be"  punished  with  impris- 
onment for  not  more  than  six  years. 

If  the  false  oath  has  been  made  in  a  penal  matter  to  the  prejudice  of  the 
person  accused  or  suspected  the  criminal  shall  be  punished  with  imprison- 
ment for  not  more  than  nine  years. 

The  promise  or  affirmation  which,  by  virtue  of  the  law,  is  substituted  for 
the  oath,  is  regarded  as  an  oath. 

The  deprivation  of  the  rights  enumerated  in  article  28,  Nos.  1-4,  may  be 
pronounced. 

208.  Whoever  counterfeits  or  alters  coins  or  paper  money,  with  the  in- 
tention of  uttering  or  causing  to  be  uttered  said  coins  or  paper  money  as 
not  counterfeited  and  not  altered,  shall  be  punished  as  guilty  of  counter- 
feiting, with  imprisonment  for  not  more  than  nine  years. 

209.  Whoever  intentionally  utters,  as  being  neither  counterfeited  nor 
altered,  coins  or  paper  money,  knowing  at  the  moment  wheu  he  received 
them  that  they  were  counterfeited  or  altered,  or  who  retains  them  or  in- 
troduces them  into  the  kingdom  in  Europe  with  the  intention  of  uttering 
them  or  causing  them  to  be  uttered  as  being  neither  covinterfeited  nor  al- 
tered, shall  be  punished  witli  imprisonment  for  not  more  than  nine  years. 

212.  If  one  of  the  oiTences  mentioned  in  articles  208-211  is  committed  with 
regard  to  foreign  coins  or  foreign  paper  money,  the  maximum  of  the  pun- 
ishment of  imprisonment  shall  be  diminished  by  two  years. 

213.  Whoever  intentionally,  after  learning  the  counterfeiting  or  altera- 
tion, again  puts  in  circulation  counterfeited  or  altered  coins,  or  counter- 
feited or  altered  paper  money,  shall  be  punished  with  imprisonment  for  not 
more  than  three  mouths,  or  with  a  fine  of  not  more  than  three  hundred 
florins. 

216.  Shall  be  punished  with  imprisonment  for  not  more  than  six  years: 

(1)  Whoever  counterfeits  or  falsifies  stamps  emitted  by  the  state,  with 
the  intention  of  using  them  or  of  causing  them  to  be  use^l  by  other  per- 
sons as  being  neither  false  nor  falsified ; 

(2)  Whoever,  with  the  same  intention,  manufactures  any  of  said  stamps 
by  illegally  using  genuine  punches. 

217.  Shall  be  punished  with  imprisonment  for  nt)t  more  than  five  years : 

(1)  Whoever  affixes  false  marks  for  the  state,  or  false  workman's  marks 
required  by  law,  to  articles  of  workmanship  of  gold  or  silver,  or  falsifies 
genuine  ones,  with  the  intention  of  using  said  articles  of  workmanship,  or 
of  causing  them  to  be  used  by  others,  as  if  the  marks  affixed  to  said  articles 
were  neither  false  nor  falsified ; 

(2)  Whoever,  with  the  same  intention,  affixes  marks  to  the  articles  in 
question  by  illegally  using  genuine  punches; 

(3)  Whoever  affixes,  fixes,  or  applies  the  genuine  marks  of  the  state  or 
the  genuine  workman's  marks  required  by  law  on  gold  or  .silver  articles  of 
workmanship  other  than  those  on  which  they  were  originally  placed,  with 
the  intention  of  using  said  articles,  or  of  causing  them  to  be  used  by  other 
persons,  as  if  said  marks  had  been  placed  on  them  originally. 

225.  Whoever  manufactures  falsely  or  falsides  a  writing  from  which  any 


EXTRADITION.  199 

right,  any  obligation,  or  the  extinction  of  a  debt  may  result,  or  wkich  is 
intended  to  serve  as  proof,  with  the  intention  of  using  it  or  of  causing  it  to 
be  used  by  others,  shall  be,  if  any  damage  may  result  from  such  use,  pun- 
ished as  guilty  of  forgery,  with  imprisonment  for  not  more  than  five  years. 
Shall  be  i^unished  with  the  same  punishment  whoever  intentionally 
makes  use  of  the  writing  manufactured  falsely  or  falsified  as  if  it  was  geu- 
niue  and  not  falsified,  if  auy  damage  may  result  from  such  use. 

226.  The  person  guilty  of  forgery  shall  be  punished  with  imprisonment 
for  not  more  than  seven  years,  if  the  forgery  has  been  committed  : 

(1)  In  authentic  documents  ; 

(2)  In  bonds  or  certificates  of  the  debt  of  a  state,  of  a  i)rovince,  of  a  com- 
mune, or  of  a  public  establishment ; 

(:J)  In  shares,  or  obligations,  or  certificates  of  shares,  or  obligations  of 
any  association,  foundation,  or  society; 

(4)  In  schedules,  records  of  dividends  or  of  income,  belonging  to  the  docu- 
ments mentioned  in  the  two  preceding  numbers  or  in  the  instruments  issued 
in  place  of  said  documents. 

(5)  In  ci-edit  or  business  paper  intended  for  circulation  : 

Shall  be  punished  with  the  same  punishment  whoever  intentionally  makes 
use  of  one  of  the  false  or  falsified  writings  mentioned  in  the  first  paragraph, 
as  if  it  was  genuine,  and  not  falsified,  if  any  damage  may  result  from  such 
use. 

227.  Whoever  causes  to  be  inserted  in  an  authentic  document  a  false  dec- 
laration concerning  a  fact  the  truth  of  which  the  document  is  to  prove, 
with  the  intent  to  make  use  of  said  document  or  to  cause  it  to  be  used  by 
other  persons,  as  if  the  declaration  was  in  conformity  with  truth,  shall  be, 
if  any  damage  may  result  from  such  use,  punished  with  imprisonment  for 
not  more  than  six  years. 

Shall  be  punished  with  the  same  punishment  whoever  intentionally  makes 
use  of  the  document,  as  if  the  contents  were  in  conformity  with  the  truth, 
if  aui'  damage  may  result,  from  such  use. 

232.  Whoever  retains  or  introduces  into  the  kingdom  in  Europe  notes  of 
a  Netherlan.ls  circulating  bank  founded  by  virtue  of  legal  provisions,  know- 
ing at  the  moment  wheu  he  received  them  that  they  were  false  or  falsified, 
with  the  intent  to  put  them  or  to  have  them  put  in  circulation  as  being 
neither  false  nor  falsified,  shall  be  punished  with  imprisouiuLnit  for  not  uioro 
than  seven  years. 

2156.  Whoev(^r,  by  any  act,  intentionally  renders  uncertain  the  origin  of 
another  person  shall  be  punished,  as  guilty  of  sui)pro88ioa  of  birth,  with 
imi>riHoiiment  for  not  mf)re  than  five  yfjirs. 

Deprivation  of  the  rights  sim'iKh.I  in  juililf  'J~',  No.  1-1,  may  1m>  ](r<)- 
nounced. 

237.  Shall  bo  ]>unished  with  imijrisonment  for  not  more  than  four  years: 

(t)  Whoever  intentionally  contractH  a  doubI<«  marriage. 

(2)  Who«-ver  contracts  a  marriage  knowing  that  by  this  marriage  the 
other  party  contracts  a  double  marriage. 

Whoever,  when  contracting  a  donlilo  marriage,  has  kept  secret  from  the 
other  party  the  fact  that  he  was  alr(;ady  married  shall  bo  punished  with 
imprisonment  for  not  more  than  six  years. 


200  EXTRADITION. 

Deprivation  of  the  rights  enumerated  in  article  28,  Nos.  1-5,  may  be  pro- 
nounced. 

242.  Whoever  by  violence,  or  by  threats  of  violence,  forces  a  woman  to 
have,  out  of  wedlock,  carual  intercourse  with  him  shall  be  punished  as 
guilty  of  rape,  with  imprisonmeut  for  not  more  than  twelve  years. 

243.  Whoever,  out  of  wedlock,  has  carual  intercourse  with  a  womau, 
knowing  that  she  is  in  a  swooa  or  unconscious,  shall  be  putjished  with  im- 
prisonment for  not  more  than  eight  years. 

244.  Whoever  has  carnal  intercourse  with  a  girl  under  the  age  of  twelve 
years  shall  be  punished  with  imprisonment  for  not  more  than  twelve 
years. 

245.  Whoever,  out  of  wedlock,  has  carnal  intercourse  with  a  woutan  who 
has  attained  the  age  of  twelve  j'ears,  but  not  yet  that  of  sixteen  years,  shall 
be  punished  with  imprisonment  for  not  more  than  eight  years.    ' 

Except  in  the  cases  foreseen  in  article  248,  there  is  no  prosecution  except  on 
complaint. 

24(3.  Whoever  by  violence,  or  threats  of  violence,  forces  a  person  to  commit 
or  to  undergo  acts  of  immorality  shall  be  punished,  as  guilty  of  attempt 
against  modesty,  with  imprisonment  for  not  more  than  eight  years. 

247.  Whoever  commits  acts  of  immorality  with  a  person,  knowing  that 
she  is  in  a  swoon  or  unconscious,  or  with  a  person  below  the  age  of  sixteen 
years,  or  incites  the  latter  to  commit  or  to  undergo  acts  of  that  character, 
or  to  have,  out  of  wedlock,  carnal  intercourse  with  a  third  person,  shall  be 
punished  with  imprisonment  for  not  more  than  six  years. 

248.  If  one  of  the  offences  specified  in  articles  243  and  245-247  has  occa- 
casioned  serious  bodily  injuries,  au  imprisonment  of  not  more  than  twelve 
years  shall  be  inflicted. 

If  one  of  the  oft'ences  specified  in  articles  242-247  has  occasioned  death, 
an  imprisonment  of  not  more  than  fifteen  years  shall  be  inflicted. 
250.  Shall  be  punished  as  a  procurer : 

(1)  With  imprisonment  for  not  more  than  four  years,  the  father,  the 
mother,  the  guardian  or  the  substituted  guardian,  who  intentionally  in- 
cites or  favors  the  debauch  of  his  minor  child,  or  of  the  minor  placed  under 
his  guardianship  or  substituted  guardianship,  with  a  third  person. 

(2)  With  imprisonment  for  not  more  than  three  years,  any  other  person 
who,  for  the  sake  of  gain,  intentionally  incites  or  favors  the  debauch  of  a 
minor  witha  third  person,  orwho  makes  a  busiuess  of  iuteutioually  inciting 
or  favoring  the  debauch  of  a  minor  with  a  third  person. 

279.  Whoever  intentionally  withdraws  a  minor  from  the  authority  to 
which  he  is  legally  subjected,  or  from  the  care  of  oue  who  exercises  it  by 
right,  shall  be  punished  with  imprisonment  for  not  more  than  six  years. 

An  imprisonment  of  not  more  than  nine  years  shall  be  inflicted  if  any  de- 
ceit, violence,  or  threats  have  been  employed,  or  if  the  minor  is  under  the 
age  of  twelve  years. 

280.  Whoever  intentionally  hides,  or  withdraws  from  the  researches  of 
the  agents  of  justice  or  police,  a  minor  Avho  has  been  withdrawn  or  who 
has  withdrawn  himself  from  the  authority  to  which  he  is  legally  subjected, 
or  from  the  care  of  one  who  exercises  it  by  right,  shall  be  punished  with 
imprisonment  for  not  more  than  three  years,  or  if  the  minor  is  under  the 
age  of  twelve  years,  with  imprisonmeut  for  not  more  than  six  years. 


EXTRADITION.  201 

281.  Shall  be  punished  as  guilty  of  abduction  : 

(1)  With  imprisonment  for  not  more  than  six  years  whoever  carries  off 
a  minor  woman  against  the  will  of  her  parents  or  guardians,  but  with  her 
own  consent,  with  the  intent  to  secnre  possession  of  her  either  by  marriage 
or  out  of  marriage. 

There  is  no  prosecution  except  on  complaint. 

(2)  With  imprisonment  for  not  more  than  niue  years,  wh*^  -  cr  carries  oft' 
a  woman  by  deceit,  violence,  or  threats  with  the  inter  :  ;a  to  secure  pos- 
session of  her  either  by  marriage  or  out  of  marriage. 

Complaint  may  be  brought :  (a)  If  the  woman  is  a  minor  at  the  time 
of  the  abduction,  either  by  herself,  or  by  one  of  the  persons  whose  consent 
she  ought  to  have  in  order  to  be  able  to  contract  marriage;  (6)  if  she  is 
of  age  at  the  time  of  the  abduction,  either  by  herself  or  b.y  her  husband. 

If  the  abductor  has  married  the  person  carried  off,  no  condemnafion  can 
be  pronounced  before  the  nullity  of  the  marriage  has  been  pronounced. 

285.  The  threat  of  public  violence,  with  united  forces,  against  persons  or 
property,  of  an  offence  endangering  the  general  safety  of  persons  or  prop- 
erty, of  rape,  of  attempts  against  modesty,  of  an  offence  against  life,  of  se- 
rious ill  treatment,  or  of  arson,  shall  be  punished  with  imprisonment  for 
not  more  than  two  years. 

If  such  threat  is  made  in  Avriting  and  under  a  fixed  condition,  it  shall 
be  punished  with  imprisonment  for  not  more  than  four  years. 

287.  Whoever  intentionally  takes  the  life  of  another  sliall  be  punished, 
as  guilty  of  murder,  with  imprisonment  for  not  more  than  fifteen  years. 

289.  Whoever  intentionally  and  with  premeditation  takes  the  life  of 
another  shall  b(!  punished,  as  guilty  of  assassination,  with  imprisonment 
for  life,  or  for  a  i>priod  of  not  more  than  twenty  years. 

290.  A  mother  who,  under  the  effects  of  the  fear  that  lier  confinement 
will  be  discovered,  intentionally  takes  the  life  of  her  child,  at  the  time  of 
birth  or  soon  afterwards,  shall  be  punished  as  guilty  of  iufanticide,  with 
imjtrisonment  for  uot  nioro  than  six  years. 

291.  ^  mother  who  to  execute  a  resolution,  made  under  the  effects  of  the 
fear  that  her  approaching  coniinemont  will  bo  discovered,  intentionally 
takes  the  life  of  her  child  at  the  moumntof  birth,  or  soon  .ifterwanls,  .shall 
be  punisiied,  as  guilty  of  assassiuatiou  coiumilted  ou  a  cliiM,  willi  iiii]>ris- 
onmont  for  not  more  than  nino  years. 

29.').  A  woman  who  iuU'Mtiouiilly  pKx.-urcs,  or  causi-s  t(t  b(^  i)roc,un'd  by 
another,  the  miscarriage  or  death  of  Iwr  fruit  sliali  l»i<  puuiHlied  wiili  im- 
jirisonmcnt  f(»r  not  more  than  thno  yciars, 

290.  Whoever  intentionally  ]»rocures  the  miscarriage  <ir  the  death  of  the 
fruit  of  a  woman  without  her  consent  shall  be  j)unishcd  with  imprisonment 
for  not  more  than  twelve  years. 

If  the  act  has  caused  the  woman's  death  the  criminal  shall  lii>  punished 
with  imprisonment  for  not  more  than  fiftf-iMi  years. 

297.  Whoevtr  intentionally  jirocures  tlie  nii^carri.ige  or  ilif  death  of  tho 
fruit  of  a  woman  with  her  consent  HJinil  bo  punishetl  with  imprisonment 
for  not  more  than  four  years  and  Mix  months. 

298.  If  a  i)hysician,  a  midwife,  or  a  dniggiHt  renilers  liiniHelfiin  accom- 
plice in  the  offence  specified  in  article  29.'>  or  renders  liiniself  guilty  ur  an 
accomplice  of  one  of  tho  offences  specified  in  articles  29(»  and  297,  the  punish- 


202  EXTRADITION. 

ments  fixed  by  said  articles  may  be  increased  by  a  third,  and  the  criminal 
may  be  deprived  of  the  right  to  practice  the  profession  in  which  he  has 
committed  tho  offence. 

300.  Ill  usage  shall  be  punished  with  imprisonment  for  not  more  than 
two  years,  or  with  a  fine  of  not  more  than  three  hundred  florins. 

If  the  act  has  occasioned  a  serious  bodily  injury,  the  criminal  shall  be 
punished  with  imprisonment  for  not  more  than  four  years. 

If  the  act  has  occasioned  death  the  criminal  shall  be  punished  with  im- 
prisonment for  not  more  than  six  years. 

The  act  of  intentionally  iujuring  health  is  regarded  as  ill  usage. 

The  attempt  to  commit  this  offence  is  not  punishable. 

301.  Ill  usage  committed  with  premeditation  shall  be  punished  with  im- 
,  prisonment  for  not  more  than  three  years. 

If  the  act  has  caused  serious  bodily  injury  the  criminal  shall  be  punished 
with  imprisonment  for  not  more  than  six  years. 

If  tho  act  has  caused  death  the  criminal  shall  be  punished  with  imprison- 
ment for  not  more  than  nine  years. 

302.  Whoever  intentionally  inflicts  on  another  a  serious  bodily  injury 
shall  be  punished  as  guilty  of  serious  ill  usage  with  imprisonment  for  not 
more  than  eight  years. 

If  the  act  has  caused  death  the  criminal  shall  be  punished  with  imprison- 
ment for  not  mope  than  ten  years. 

303.  Serious  ill  usage  committed  with  premeditation  shall  be  punished 
with  imprisonment  for  not  more  than  twelve  years. 

If  the  act  has  caused  death  the  criminal  shall  be  punished  with  impris- 
onment for  not  more  than  fifteen  years. 

310.  Whoever  abstracts  a  thing  which  belongs  entirely  or  in  part  to  an- 
other, with  the  intent  to  ai>propriate  it  illegally  to  himself,  shall  be  pun- 
ished as  guilty  of  theft,  with  imprisonment  for  not  more  than  four  years,  or 
with  a  fine  of  not  more  than  sixty  florins. 

311.  Shall  be  punished  with  imprisonment  for  not  more  than  six  years: 

(1)  The  stealing  of  cattle  in  the  fields  ; 

(2)  Theft  committed  on  the  occasion  of  a  fire,  an  explosion,  an  inundation, 
a  wreck,  a  running  aground,  a  railroad  accident,  a  rebellion,  a  riot  or  war 
troubles ; 

(3)  Theft  committed  during  the  time  allotted  to  night  repose  in  a  habi- 
tation, or  in  an  enclosure  containing  a  habitation,  by  any  one  who  is  there 
without  the  knowledge  or  against  the  will  of  the  person  who  has  the  right 
to  be  there ; 

(4)  Theft  committed  by  two  or  more  persons  united  ; 

(.5)  The  criminal  who,  in  order  to  commit  the  theft,  has  obtained  ac- 
cess to  tho  place  where  the  offence  is  committed,  or  has  obtained  posses- 
sion of  the  thing  to  be  abstracted  by  means  of  effraction,  of  breaking  open, 
or  of  escalade,  of  false  keys,  of  a  false  order,  or  of  a  false  dress. 

If  the  theft  mentioned  in  No.  3  is  accompanied  by  one  of  the  circum- 
stances cited  in  Nos.  4  and  5  an  imprisonment  of  not  more  than  nine  years 
shall  bo  inflicted. 

312.  Shall  be  punished  with  imprisonment  for  not  more  than  nine  years 
a  theft  preceded,  accompanied,  or  followed  by  violence  or  threats  of  vio- 
lence against  persons,  made  with  the  intent  to  i^repare  or  facilitate  tho 


EXTRADITIOX.  203 

tbefr,   or,  in  the  event  of  being  caught  in  th*e  act,  either  to  render  flight 
possible  or  to  secure  to  himself  oi*  his  accomplices  in  the  oifeace  the  pos- 
session of  the  thing  stolen. 
An  imprisonment  of  twelve  years  shall  be  inflicted  : 

(1)  If  the  act  has  been  committed  either  during  the  time  allotted  tonight 
repose  in  a  dwelling,  or  in  an  enclosure  containing  a  dwelling,  or  on  the 
public  way,  or  in  a  railway  train  while  it  is  in  motion ; 

(2)  If  the  act  has  been  committed  by  two  or  more  persons  united  ; 

(3)  If  the  criminal  has  obtained  access  to  the  place  where  the  oflenee  is 
committed  by  means  of  effraction  or  escalade,  false  keys,  a  forged  order,  or 
a  false  dress  ; 

(4)  If  the  act  has  occasioned  a  serious  bodily  injury. 

Au  imprisonment  of  not  more  than  fifteen  years  shall  be  inflicted  if  the 
act  has  occasioned  death. 

316.  If  the  author  or  accomplice  of  one  of  the  offences  specified  in  this 
section  is  inseparably  united  in  person  or  property  with  the  person  to  whose 
prejudice  the  otTence  has  been  committed,  there  is  no  prosecution  against 
the  a^ithor  nor  the  accomplice. 

If  he  is  his  separable  associate  in  person  or  property,  or  his  relative  or 
kinsman,  either  by  direct  descent  or  to  the  second  degree  in  the' collateral 
line,  there  is  no  prosecution  against  him,  except  on  the  complaint  of  the 
person  to  whose  prejudice  the  offence  has  been  conimitted. 

:321.  Whoever  illegally  appropriates  an  article  belonging  wholly  or  partly 
to  another,  or  of  which  he  is  the  holder  otherwise  than  in  cousequeuee  of 
an  offence,  shall  be  punished  as  gniltj"^  of  embezzlement,  with  imprison- 
ment for  not  more  than  three  years  or  with  a  fine  of  not  more  than  sixty 
florins. 

322.  Embezzlement  committed  by  a  person  who  is  the  holder  of  the 
thing  through  his  personal  service,  or  his  profession,  or  for  a  salary  iu 
money,  shall  be  punished  with  imprisonment  for  not  more  than  four  years. 

323.  Embezzlement  committed  by  a  person  to  whom  the  thiug  has  been 
entrusted  as  a  necessary  deposit,  by  either  guardians,  trustees,  ailministra- 
tors,  testamentary  executors  or  directors  of  benelicent  institutions  or  of 
establishments,  with  regard  to  a  thing  which  they  hold  in  such  capacity, 
shall  be  punished  with  imprisoument  for  not  more  than  five  years. 

324.  The  provisions  of  article  3IG  apply  to  the  oft'ouces  specified  in  this 
section. 

326.  Shall  be  punished  as  guilty  of  Hwin<lling,  with  imprisonment  for  not 
more  than  three  years,  whoever,  with  theintentto  procure  an  illegal  jirofit 
for  liinmelf  or  for  a  third  persfni  shall  have  induced  any  one  to  surrender 
a  thing,  or  to  contraet  an  obligation,  or  to  extinguish  a  debt,  either  by 
taking,  a  false  name  or  a  false  character,  or  Ijy  fraudulent  intrigues,  or 
by  a  combination  of  falsehoods. 

328.  Shall  be  jjunislied  with  imprisi.iiineiit  for  not  more  than  four  years 
whoever,  with  the  intent  to  jirocure  an  illegal  [irolit  for  himself,  or  for  a 
third  person,  to  the  prejudice  of  the  insurer  or  of  the  legal  lioldi-r  of  a  re- 
corded contract,  sets  lire  to  or  c-anses  jin  exploMion  in  ;i.  thing  insured 
against  fire,  or  sinks  or  strands,  «leHtroys,  renderw  until  for  use.  or  injures  nn 
insured  vessel,  or  one  the  cargo  or  froiglit  of  which  is  insured,  or  ou 
which  a  recorded  loan  has  lieen  effected. 


204  EXTRADITION. 

341.  The  merchaat  who  has  been  declared  bankrupt  or  admitted  to  the 
judicial  assigumeut  of  property  shall  be  punished  as  guilty  of  fraudulent 
bankruptcy  by  an  iiuprisonnieut  of  six  years  at  most,  if,  in  fraud  or  to  the 
injury  of  the  rights  of  his  creditors  : 

(1)  He  has  invented  or  does  invent  charges  against  the  estate,  or  has 
failed  to  represent  or  does  not  represent  some  of  the  assets,  or  has  embez- 
zled or  does  embezzle  something  belonging  to  the  estate ; 

(2)  He  has  conveyed  anything  away  either  gratuitously  or  for  a  consid- 
eration clearly  below  its  value ; 

(0)  He  has  given  or  does  give,  at  the  time  of  his  failure,  or  at  a  time  when 
he  knew  the  failure  was  inevitable,  any  advantage  whatsoever  to  one  of  the 
creditors ; 

(4)  He  has  not  complied  with  or  does  not  comply  with  the  obligation 
imposed  on  him  of  retaining,  preserving,  and  producing  books  and  papers. 

343.  The  manager  or  agent  of  a  joint  stock  company  or  co-operative  as- 
sociation shall  be  punished  with  an  imprisonment  of  six  years  at  most,  if, 
in  fraud,  or  to  the  injury  of  the  rights  of  the  creditors  of  the  company  or 
association : 

(1)  Hejias  invented  or  does  invent  charges  against  the  same;  he  has 
failed  to  representor  does  uot  represent  ^assets,  or  he  has  embezzled  or  does 
embezzle  any  part  of  the  property  ; 

(2)  He  has  conveyed  anything  away,  either  gratuitously  or  for  a  consid- 
eratiou,  evidently  below  its  value; 

(3)  He  has  given,  or  does  give,  at  the  time  of  its  fiiilure,  or  at  a  time 
when  he  knew  that  failure  was  inevitable,  any  advantage  whatsoever  to 
one  of  its  creditors  ; 

(4)  He  has  not  complied  with,  and  does  not  comply  with,  the  obligation 
imposed  on  him  to  retain,  preserve,  and  produce  liooks  and  papers. 

344.  Imprisonment  of  four  years  and  six  months  at  most  shall  be  inflicted 
on  any  one  who,  in  fraud  and  to  the  injury  of  the  rights  of  creditors — 

(1)  Incase  of  a  merchant's  judicial  assignment  of  goods  (forced  bank- 
ruptcy) or  failure,  or  in  view  of  either,  if  in  the  last  case  the  failure  or  as- 
signment of  goods  followed,  shall  have  embezzled  any  part  of  the  estate; 

(2)  At  the  time  of  proving  credits,  in  case  of  a  judicial  assignment  of 
goods  or  failure,  invents  a  credit  which  does  not  exist,  or  raises  an  exist- 
ing credit. 

3i>2.  Imprisonment  of  four  years  at  most  shall  be  inflicted  on  any  one 
designedly  or  illegally  destroying  or  rendering  untit  for  use  a  building  or 
vessel  belonging  wholly  or  partly  to  another. 

363.  Imprisoument  of  four  years  at  most  shall  be  inflicted  on  a  public 
ofiBcer — 

(1)  Who  accepts  a  gift  or  promise,  knowing  that  they  are  mad^  to  him 
for  the  purpose  of  binding  him  to  do  or  not  to  do,  in  the  exercise  of  his 
oSice,  an  act  contrary  to  his  duty; 

(2)  Who  accepts  a  gift,  knowing  that  it  is  made  to  him  in  consequence 
or  by  reason  of  his  having  done  something  or  his  ha\ang  failed  to  do  some- 
thing in  violation  of  his  duty  in  the  exercise  of  his  office. 

364.  The  judge  who  accepts  a  gift  or  a  promise,  knowing  that  they  are. 
made  to  him  to  influence  his  decision  on  a  case  submitted  for  his  judgment, 
shall  be  punished  with  imprisonment  of  nine  years  at  most. 


EXTEADITIOX.  205 

The  judge  who,  iu  accepting  the  gift  or  promise,  knows  that  they  are 
made  to  obtain  a  condemnation  in  a  penal  case,  shall  be  punished  with 
imprisonment  of  twelve  years  at  most. 

3G6.  The  public  officer  who,  iu  the  exercise  of  his  office,  demands,  receives, 
or  retains,  on  the  occasion  of  a  payment,  as  due  to  himself,  another  officer, 
or  any  public  office  whatever,  what  he  knows  is  not  dne,  shall  be  punished, 
as  guilty  of  malversation,  with  imprisonment  of  six  years  at  most. 

39').  Imprisonment  of  two  years  at  most  shall  be  inflicted  on  any  one 
being  guilty  of  insubordination,  wko,  having  taken  passage  ou  a  Dutch 
vessel  or  tishing  boat,  shall  commit  an  assault  on  the  captain,  or  who. 
being  one  of  the  crew,  assaults,  while  ou  board  and  in  service,  a  superior 
officer,  or  who  resists  the  latter  with  violence  or  with  threats  of  violence, 
or  who  intentionally  deprives  him  of  his  liberty  of  action. 

The  criminal  shall  be  punished  : 

(1)  With  imprisonment  of  three  years  at  most,  if  the  offeuce  or  the  as- 
saults which  accompanied  it  have  occasioned  bodily  injury  ; 

(ij)  With  imprisonment  of  seven  years  and  six  months  at  most,  if  they 
have  occasioned  a  grave  bodily  injury ; 

(3)  With  imprisonment  of  twelve  years  at  most,  if  they  have  occasioned 
death.  # 

3DG.  Insubordination  committed  by  two  or  more  i^ersons  acting  together 
shall  be  punished  as  mntiny,  with  imprisonment  of  six  years  at  most. 

The  criminal  shall  be  punished  : 

(1)  With  iujprisonment  of  seven  years  and  six  mouths  at  most,  if  the 
ofifense  committed  by  him,  or  the  assaults  accompanying  it,  have  occa- 
sioned a  bodily  injury  ; 

(2)  With  imprisonment  of  twelve  years  at  most,  if  they  have  occasioned 
a  grave  bodily  injury  : 

'(3)  With  imprisonment  of  fifteen  years  at  most,  if  they  have  occasioned 
death. 


[Inclosuro  3. — Translation.] 
,  Draft  of  a  trcatij  of  extradition. 

His  Majesty  the  King  of  tlie  Netherlands  and 

having  resolved  by  common  acc(U'd  to  conclude  a  (n«iw)  convention  for  the 
extradition  of  criniinals,  have  nanuMl  for  liiiH  purpose  as  their  pl<uiij»oten- 
tiaries,  to-wit : 

His  Majesty  tlio  King  of  the  Nethorlamls  : 

who,  after  liaving  communicated  to  each  other  their  full  powers,  found  in 
good  and  due  form,  have  :igr(M'il  nu  tln>  r<il!«iwing  urticlos: 

Aut.  1. 

The  Government  of  the  Nothorlands  and  the  Oovornmeut  of 
engagi'.  to  mutually  deliver  to  each  other,  in  accordance  with  tlie  rules  stij)- 
nlated  in  the  following  arlicli-H,  perHons,  other  than  their  own  Hubjects, 
who  have  been  convicted  nf,  or  (barged  \\  ith,  one  of  the  crimes  hereinafter 


206  EXTRADITION. 

enumerated,  committed  outside  of  the  territory  of  the  state  of  which  the 
extradition  is  requested : 

1.  (a)  Attempt  made  against  the  life  or  liberty  of  the  King,  Queen  regnant, 
regent,  or  other  head  of  a  friendly  state,  or  undertaken  with  a  view  to 
render  them  incapable  of  reigning  ;  (6)  attempt  against  the  life  or  liberty 
of  the  Queen  non-regnaut,  of  the  heir  presumptive  of  the  throne,  or  of  a 
member  of  the  reigning  family. 

2.  Murder  or  assassination  ;  murder  or  assassination  committed  on  a 
child ; 

3.  Menaces  made  in  writiug  and  setting  out  the  act  to  be  performed 
under  duress  jier  minas,  in  so  far  as  the  laws  of  the  two  countries  permit 
extradition  on.  this  ground  ; 

4.  Abortion  procured  by  the  pregnant  woman  or  by  others  ; 

5.  Violence  which  has  caused  a  serious  bodily  injury  or  death,  violence 
committed  with  premeditation,  or  serious  violence; 

6.  Rape,  attempt  against  chastity,  the  crime  of  having  carnal  intercourse 
outside  of  marriage  with  a  girl  or  married  woman  under  the  age  of  sixteen 
years,  or  with  a  woman  above  that  age,  when  the  guilty  person  knows  that 
she  is  in  a  fainting  or  unconscious  condition ;  acts  of  immorality,  when  the 
^ilty  i^erson  knows  that  the  person  wdth  whom  he  commits  them  is  in  a 
fainting  or  uncouscious  condition,  or  when  the  said  person  has  not  reached 
the  age  of  sixteen  years ;  inciting  a  person  under  that  age  to  commit  or  to 
submit  to  acts  of  immorality,  or  to  have  outside  of  the  married  state  carnal 
intercourse  with  a  third  person; 

7.  Inciting  minors  to  debauch,  and  every  act  intended  to  encourage  the 
debauchery  of  minors  j)unishable  under  the  laws  of  the  two  countries ; 

8.  Bigamy ; 

9.  Kidnapping,  suppression  of  the  birth  of  a  child,  the  substitution  or 
changing  of  a  child ; 

10.  Kidnapping  of  minors  ; 

11.  Counterfeiting  or  altering  coin  or  paper  money,  committed  with  the 
intention  of  issuing  or  causing  to  be  issued  the  said  coin  or  paper  money 
as  genuine  and  unaltered,  or  the  intentional  uttering  of  counterfeit  or  al- 
tered coin  or  paper  money  ; 

12.  Counterfeiting  or  falsifying  stamps  and  marks  of  the  State,  or  of 
workmen's  marks  required  by  law,  so  far  as  the  laws  of  the  two  countries 
permit  extradition  on  this  ground  ; 

13.  Forgery  and  the  intentional  utterance  of  what  is  forged  or  falsified, 
so  far  as  the  laws  of  the  two  countries  permit  extradition  on  this  ground  ; 
having  in  possession  or  introducing  from  abroad  notes  of  a  bank  of  circu- 
lation chartered  under  the  provisions  of  law,  with  the  intention  of  utter- 
ing the  same  as  genuine  and  not  falsified,  when  the  offender  knew  at  the 
time  of  receiving  them  that  they  were  counterfeit  or  falsified ; 

14.  Perjury; 

15.  Bribery  of  public  ofificers,  so  far  as  the  laws  of  the  two  countries  per- 
mit extradition  on  this  ground ;  malversation  in  office,  embezzlement  com- 
mitted by  officers  or  by  those  regarded  as  such; 

16.  Intentional  incendiarism  when  there  may  result  from  the  same  a  gen- 
eral danger  to  property  or  a  danger  to  the  life  of  others  ;  incendiarism 
caused  with  the  intention  of  procuring  for  one's  self  or  for  a  third  person 


EXTRADITIOX.  207 

unlawful  gaiu,  to  the  injury  of  the  insurer  or  of  the  lawful  holder  of  a  con- 
tract of  marine  insurance; 

17.  Unlawful  destruction,  caused  intentionally,  of  an  edifice  belonging 
wholly  or  partly  to  another,  or  of  an  edifice  or  building,  when  there  may 
result  from  the  same  a  general  danger  to  x)roperty  or  a  danger  to  the  lile 
of  others ; 

18.  Acts  of  violence  committed  publicly  by  mobs  against  person  or  prop- 
erty; 

19.  The  unlawful  act,  committed  intentionally,  of  sinking,  wrecking,  de- 
stroying, rendering  unfit  for  use,  or  injuring  a  vessel  when  there  may  result 
from  the  same  a  tianger  for  others  ; 

20.  Mutiny  and  insubordination  of  the  passengers  on  board  a  vessel 
agaiu>t  the  captain  and  of  the  crew  against  their  superior  officers  ; 

21.  The  act,  committed  intentionally,  of  having  endangered  the  safety  of 
a  train  on  a  railroad  ; 

22.  Larceny  ; 

23.  Swindling; 

24.  Fraudulent  use  of  a  signature  iu  blank; 

25.  Embezzlement; 

26.  Fraudulent  bankruptcy. 

The  attempt  to  commit,  and  participation  in,  the  otfence  are  included  in 
the  preceiiing  list,  when  they  are  punishable  under  the  lans  of  the  country 
from  which  the  extradition  is  asked. 

Art.  2. 

Extradition  shall  not  take  place  : 

1.  When  the  oflence  has  been  committed  within  a  third  country,  and 
when  the  Goveruiuent  of  the  said  country  demands  the  extradition; 

2.  When  the  request  is  made  for  the  same  ofTence  for  which  the  fugitive 
has  been  tried  iu  the  country  from  which  the  extradition  is  asked,  and  for 
which  h"}  has  been  condemned,  discharged,  or  ac<[uitted  ; 

3.  If,  according  to  the  laws  of  the  country  from  which  the  extradition 
is  asked,  proscription  has  run  against  the  prosecution  or  the  sentence  btv 
fore  the  anest  of  the  fugitive,  or  in  case  tlio  arrest  has  not  yet  takeu  place 
before  he  has  been  summoned  before  the  court  for  a  hearing, 

Akt.  3. 

Extradition  shall  not  take  place  as  long  as  the  fugitive  is  uuibr  prosecu- 
tion for  iho  same  otl'euco  in  the  country  from  which  the  extradition  is  asked, 

Ai:t.   1. 

If  the  lu;^  i  1 1  VI'  IS  un<l<'r  ju  (isccu  i  IIP  II  or  im  mtv  m;;  li  is  m-iiI  ciht  Iiu  ;i  ip  m  i  m  r 
oflence  than  that  svhicii  has  given  rise  to  the  reipiest  for  oxlradilmn,  his 
extradition  shall  not  be  granted  until  after  the  eonelusion  of  tiie  prosecu- 
tion in  the  country  frorn  which  tiie  extradition  iMa^♦lv^■<l  and,  in  cane  of  con- 
demnation, until  alter  he  has  served  his  senteiiro  or  has  lieeii  jiardoned. 
Nevertheless,  if  according  to  the  laws  of  the  country  whieh  asks  the  exlra- 
dilion,  iirescriplion  of  the  prosecutifJU  might  n-sult  from  this  delay,  his  ex- 
tradition shall  bo  granted,  unless  spofial  considerations  forbiil  '•    'm.!"!- 


208  EXTRADITION. 

promise  of  tLe  return  of  tlie  extradited  person  as  soon  as  the  prosecution  in 
the  said  country  shall  be  concluded. 

Art.  5. 

It  is  expressly  stipulated  that  tlie  extradited  person  shall  neither  be  pros- 
ecuted nor  punished  in  the  country  to  which  the  extradition  has  been 
granted  for  any  punishable  offence  whatever  not  provided  for  by  the  pres- 
ent convention,  and  committed  prior  to  his  extradition,  nor  shall  he  be  ex- 
tradited to  a  third  state  without  the  consent  of  that  granting  the  extradi- 
tion, unless  he  has  had  the  opportunity  again  to  leave  the  country  aforesaid 
during  one  month  after  he  has  been  tried,  and,  in  case  of  condemnation, 
after  he  has  served  his  sentence  or  been  pardoned. 

Persons  condemned  for  crimes  to  which,  under  the  laws  of  the  state  mak- 
ing the  demand,  the  death  penalty  is  applicable,  shall  be  extradited  only 
on  condition  that  thd said  penalty  shall  not  be  inflicted  on  them. 

Art.  6. 

The  provisions  of  the  present  treaty  are  not  applicable  to  political  of- 
fences. The  person  extradited  for  one  of  the  offences  against  the  universal 
law,  mentioned  in  Article  I,  can,  consequently,  inuo  case  be  prosecuted  and 
punished  in  the  State  to  which  the  extradition  is  granted  for  a  political  of- 
fence committed  by  him  before  extradition,  nor  for  an  act  connected  with 
such  political  offence. 

Art.  7. 

Extradition  shall  be  requested  through  the  diplomatic  channel,  and  shall 
be  granted  only  on  the  production  of  the  original,  or  of  an  authenticated 
copy  either  of  tlie  sentence  of  condemnation  or  bill  of  indictment  or  com- 
mitment for  trial,  together  with  the  warrant  of  arrest,  drawn  according  to 
the  forms  prescribed  by  the  laws  of  the  State  maliiug  the  request,  and  set- 
ting forth  the  ottemje  in  question  with  sufficient  clearness  to  enable  the 
State  on  which  the  demand  is  made  to  decide  whether,  under  its  laws,  the 
case  is  one  provided  for  by  the  present  convention,  and  also  indicating 
the  penal  provision  apijlicable  thereto. 

Art.  8. 

Articles  seized  in  the  possession  of  the  fugitive  shall  be  delivered  to  the 
state  maliing  the  demand,  if  the  competent  authority  of  the  state  on  wl^ich 
the  demand  is  made  has  ordered  their  delivery. 

Art.  9. 

Whilst  awaiting  the  request  for  extradition  through  the  diplomatic  chan- 
nel, the  temporary  arrest  of  the  person  whose  extradition  may  be  requested 
under  the  terms  of  the  present  convention,  may  be  asked  : 

On  the  part  of  the  Netherlands  by  any  prosecuting  officer  {officier  de  jus- 
tice) or  any  examining  judge  {juge  covimissaire) ; 

On  the  part  of 

By 


EXTRADITION.  209 

The  temporary  arrest  is  subject  to  the  forms  and  regulations  prescribed 
by  the  laws  of  the  country  on  which  the  demand  is  made. 

Art.   10. 

The  foreigner  arrested  temporarily  under  the  terras  of  the  preceding  arti- 
cle, shall,  unless  his  arrest  is  to  be  continued  on  another  ground,  be  dis- 
charged, if,  within  the  space  of after  the  date  of  the  warrant  of  pro- 
visional arrest,  the  request  for  extradition  through  the  diplomatic  channel, 
accompanied  by  the  delivery  of  the  papers  designated  by  this  convention, 
shall  not  have  been  made. 

Art.  11. 

When,  in  the  prosecution  of  a  criminal  case,  one  of  the  Governments 
shall  deem  it  uecessary  to  examiue  witnesses  in  the  other  state,  letters 
rogatory  shall  be  transmitted  for  that  purpose  through  the  diplomatic  chan- 
nel, and  due  answer  shall  be  made  thereto,  always  complying  with  the  laws 
of  the  country  in  which  the  witnesses  are  invited  to  appear.  In  case  of 
urgency,  however,  letters  rogatory  may  be  directly  addressed  by  the  judicial 
authority  in  one  of  the  states  to  the  judicial  authority  in  the  other  state. 

All  letters  rogatory  intended  to  request  an  examination  of  witnesses  shall 
be  accompanied  by  a  French  translation. 

Art.  12. 

If  in  a  criminal  case  the  personal  appearance  of  a  witness  in  the  other 
country  is  necessary  or  desired,  his  Government  shall  urge  him  to  comply 
with  the  invitation  addressed  to  him,  and,  in  case  of  his  consent,  he  shall 
receive  traveling  and  hotel  expenses  in  accordance  with  the  rates  ami  regu- 
lations in  force  in  the  country  in  which  the  examination  is  to  lake  place, 
except  in  case  the  Government  making  the  request  shall  consider  that  the 
witness  ought  to  be  allowed  a  larger  sum. 

No  witness,  whatever  be  his  nationality,  who,  having  been  sunnuoned  iu 
one  of  the  two  countries,  shall  voluntarily  api»ear  before  the  judges  of  the 
other  country,  shall  be  prosecuted  or  detained  there  for  prior  criiuinal  acta 
or  sentences,  nor  under  charge  of  complicity  in  the  acts  which  arc  the 
grounds  of  the  trial  in  which  he  is  to  appear  as  a  witness. 

Akt.  13. 

"When  in  a  criminal  case  the  ajjpt'aranco  of  criminals  hold  in  the  other 
state  or  the  communication  of  proof  of  guilt  or  documents  which  are  in  the 
hands  of  the  authorities  of  the  other  country  shall  bo  deemed  useful  or 
necessary,  the  request  for  the  same  shall  be  made  through  the  diplomatic 
channel,  and  it  shall  be  duly  complied  with,  unless  special  couhideiations 
forbid  it,  under  coudition-of  returning  the  criminals  and  the  proof. 

Akt.   II. 

The  transit  through  the  territory  of  one  of  the  contracting  states,  of  a 
person  surrendered  liy  a  lliinl  power  to  tlie  *)ther  party  and  who  does  not 
belong  to  the  country  of  transit,  shall  be  granted  on  the  sinqde  production 

°S.  Ex.  55 14 


210  EXTRADITIOX. 

of  the  original  or  an  authenticated  copy  of  one  of  the  legal  documents 
mentioned  in  article  7,  provided  that  the  crime  which  is  the  cause  of  the  ex- 
tradition is  included  in  the  present  convention  and  does  not  fall  under  the. 
provisions  of  articles  2  and  6,  and  provided  that  the  transfer  takes  place,  so 
far  as  the  escort  is  concerned,  with  the  assistance  of  the  officers  of  the  coun- 
try authorizing  the  transit  over  its  territory. 

The  cost  of  transit  shall  be  borne  by  the  state  making  the  request. 

Art.  15. 

The  respective  Governments  mutually  renounce  all  claim  for  the  restitu- 
tion of  the  expenses  for  maintenance,  transport  and  other  expenses  which 
may  be  incurred,  within  the  limits  of  their  respective  territories,  in  the  ex- 
tradition of  ijrisouers  who  are  charged  with  or  convicted  of  crime,  as  well 
as  those  resulting  from  the  execution  of  letters  rogatory,  from  the  transfer 
and  return  of  criminals  for  appearance  and  from  the  transmission  and 
return  of  evidence  of  guilt  or  of  documents. 

In  case  transfer  by  sea  shall  be  deemed  preferable,  the  person  to  be  ex- 
tradited shall  be  conducted  to  the  port  designated  by  the  diplomatic  or 
consular  agent  of  the  Government  making  the  demand,  and  he  shall  be 
embarked  at  its  expense. 

Art.  16. 

The  present  convention  shall  take  effect  from  the  twentieth  day  after 
its  promulgation  according  to  the  forms  prescribed  by  the  laws  of  the  two 
countries. 

From  the  date  of  its  taking  effect,  the  conventions  of  .  shall 

cease  to  be  in  force  and  shall  be  replaced  by  the  present  convention,  which 
shall  continue  in  force  until  six  months  after  notice  to  the  contrary  from 
one  of  the  two  Governments. 

It  shall  be  ratified  and  the  ratifications  shall  be  exchanged  within  the 
period  of  ,  or  sooner  if  possible. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  the  present 
convention  and  have  affixed  thereto  their  seals. 

Done  in  duplicate 
at  ,  on  . 


[Inclosnre  4. — Translation.  ^ 

Memorandum  designed  to  serve  as  a  reply  to  the  questions  contained  in  the  circu- 
lar of  his  excellency  the  Secretary  of  State,  at  Washington,  of  Noveniber  26, 

1888. 

1.  The  Government  of  His  Majesty  the  King  of  the  Netherlands  can  in 
no  case  grant  extradition  otherwise  than  by  virtue  of  a  special  convention 
to  this  efl'ect.  This  is  owing  to  the  provision  contained  in  Article  III,  par- 
agraph 2  of  the  constitution.  No  exception  can  be  made  to  this  rule  under 
any  circumstances,  not  even  if  reciprocity  in  this  respect  be  offered  by  a 
foreign  Government.  The  extradition  of  our  own  subjects  can  never  be 
granted. 


EXTKADITIOX.  211 

2.  A  provisiooal  arrest,  peudiug  an  application  for  extradition,  accom- 
panied by  the  necessary  judicial  papers,  may  take  place  when  provision 
therefor  is  made  by  a  convention. 

(Article  IX  of  the  law  concerning  extradition.) 

According  to  this  article,  provisional  arrests  are  made  at  the  request  of 
those  foreign  authorities  designated  as  competent  by  the  convention. 

It  is  not  necessary  for  this  request  to  be  made  diplomatically,  altbough 
it  may  be  stipulated  in  the  convention  that  it  shall  be  so  made.  The  pe- 
riod during  which  a  person  may  be  held  under  provisional  arrest,  pending 
the  receipt  of  an  application  for  extradition  is  determined  by  Article  X  of 
the  law,  and  by  the  stipulations  on  this  subject  which  are  contained  in  the 
various  extradition  conventions. 

When  an  application  for  extradition  has  been  made,  the  person  arrested 
is  held  until  a  decision  has  been  reached  concerning  such  application,  while, 
if  extradition  is  granted,  the  person  arrested  is,  of  course,  held  until  the 
extradition  takes  place. 

Provisional  arrests  may  be  made  in  compliance  with  a  request  sent  by 
telegraph. 

3.  Warrants  of  arrest  are  issued  by  judicial  magistrates  (Article  X)  and, 
in  the  cases  provided  for  in  Article  XII  of  the  law,  they  are  also  issued, 
provisio:ially,  by  police  magistrates. 

A  provisional  arrest  may  be  ordered  by  both  judicial  and  police  magis- 
trates.    (Article  IX.) 

A  renewal  of  the  warrant  of  arrest  on  the  receipt  of  the  application  for 
extradition  is  not  necessary. 

The  laws  of  the  Netherlands  recognize  no  complaint  in  extradition  cases; 
no  reply,  therefore,  need  be  made  to  the  questions  jiropouuded  on  this 
feul)ject. 

4.  The  procedure  to  be  observed  in  extradition  cases  is  regulated  by  Ar- 
ticles XIII  and  XX  of  the  law.  The  judge  examines  the  person  whose  ex- 
tradition is  asked  for,  and  gives  his  o]iinion.  This  opinion  is  addressed  to 
the  minister  of  justice,  who,  on  his  own  authority,  grants  or  n^fuses  the 
extradition. 

The  (locuinents  on  which  the  ajiidicat  ion  fur  extradilmn  is  l)asc(l,  and 
thu  apjilication  itself,  are  transmitted  diitlomatically.  (Articlu  VIII.)  By 
iho  Mubsequent  transmission  from  the  minisiry  of  justice  to'tbe  competent 
odicer  in  the  office  of  the  attorney  for  the  crown,  the  case  is  l)r()nght  lieforo 
the  court. 

Authentication  of  the  documents  is  not  rciinired  except  when  it  is  pro- 
vided for  by  treaty,  or  when  it  is  required  by  cnstom. 

As  has  alrearly  Ix-cn  remarked  {mtb  iiumiro  4,)  tln^  mim.'stcr  (it  jumI  ice 
decides  whether  an  application  for  »ixlra<lili<>n  is  to  \w  graiitofl  or  denied. 
His  decision  is  tranamitted  diplomatically. 

7.  The  seizure  of  articles  found  in  the  ixi.ssf.ssion  of  the  person  whosccx- 
tradition  is  asked  for  may  take  j)lacr  at  th(!  rime  of  his  arrest.  (Articles  IX 
and  XII.)  The  court  decides  whether  these  arliclos  are  to  be  sout  to  tiio 
Government  applying  for  tlie  extradition,  that  it  may  use  them  as  evidence, 
or  whether  they  are  to  be  returned  to  the  ]icrHoii  wliose  extradition  iH.-isked 
for,  even  in  case;  liis  extradition  is  granted.     (Article  VIII.) 


212  EXTKADITION. 

8.  The  extradition  takes  place  in  a  locality  situated  on  the  frontier,  or 
in  a  sea-port,  but  not  in  the  place  where  the  person  wanted  is  held. 

The  extradition  can  not  take  place  before  the  expiration  of  fifteen  days 
after  the  person  wanted  has  been  examined  by  the  court.    (Article  XVIII.) 

The  law,  however,  fixes  no  period  within  which  the  extradition,  when 
once  granted,  must  take  place. 

9.  The  right  of  transit  is  regulated  by  treaty.  According  to  Article  XX 
of  the  law,  all  that  is  needed,  in  order  that  the  transit  of  a  person  wanted 
by  a  third  power  may  be  granted,  is  that  such  power  shall  have  an  extra- 
dition treaty  with  the  Netherlands,  and  that  the  offence  for  which  the  ex- 
tradition has  been  granted  be  mentioned  in  such  treaty. 

Transit  through  the  territory  of  the  Netherlands  takes  place,  so  far  as  the 
escort  is  concerned,  with  the  co-operation  of  Dutch  officers. 
—10.  As  to  the  expense  growing  out  of  extradition  cases,  the  rule  is  that 
the  Government  granting  extradition  defrays  the  expense  of  the  keeping 
and  transportation  of  the  person  wanted  through  its  own  territory  ;  the  ex- 
pense of  the  transit  is  defrayed  by  the  state  that  has  applied  for  the  extra- 
dition. 


PERU. 


January  14,  1889,  Mr.  Buck  iuclosed'the  following:  transla- 
tion of  a  note  which  had  been  addressed  to  him  by  the  Peruvian 
minister  of  foreign  relations : 


»to' 


Sir:  Acceding  with  pleasure  to  the  desire  manifested  by  your  excel- 
lency in  your  note  of  the  lidiust.,  I  have  the  honor  to  answer  the  i^oints  re- 
ferred to  in  Mr.  Bayard's  communication,  copy  of  which  I  received.  I  in- 
close to  your  excellency  the  text  of  the  Peruvian  law  of  October  28,  1888, 
which  discloses  the  principles  according  to  which  my  Government  is  will- 
ing to  concede  extradition,  exacting  reciprocity,  even  in  the  cases  where 
no  treaty  should  exist  with  the  nation  asking  for  it. 

The  several  articles  of  said  law  give  an  answer  to  the  questions  of  para- 
graphs 1st,  2nd,  3rd,  4th,  7th,  and  questions  of  the  8th  in  regard  to  the 
transit  through  the  territory  of  guilty  parties  taken  from  frontier  nations, 
and  it  only  remains  for  me  to  amplify  some  details  in  view  of  the  custom 
of  this  department. 

The  documents  accompanying  a  demand  for  extradition  in  conformity 
with  article  8th  of  the  law,  sections  1st  and  2d,  should  be  authenticated  in 
the  form  established  by  the  rules  of  each  country,  and  by  the  ministry  or 
secretaryship  of  foreign  relations,  and  this  authentication  should  be  certi- 
fied by  the  Peruvian  diplomatic  or  consular  agents,  or  by  some  functionary 
of  the  demanding  country  residing  in  Lima. 

As  to  the  6th  question,  a  decree  of  the  Government  decides  the  extradi- 
tion, and  is  communicated  in  a  dispatch  to  the  demanding  country. 

The  questions  under  the  8th  point  touch  matters  of  details  that  would  be 
arranged  in  view  of  the  especial  circumstances  of  the  case ;  but  it  can  be 
stated  that  the  delivery  of  the  party  demanded  would  be  made  immediately 
after  the  agreement  to  extradite  him,  and  at  the  nearest  port  to  the  place 


EXTRADITION.  213 

■where  he  should  be  detained,  if  it  was  a  questiou  of  a  iiatiou  Trith  which 
Peru  had  maritime  communication;  and  in  the  briefest  time  possible  he 
should  be  taken  out  of  the  country  by  the  agents  having  him  in  custody. 
•  The  expenses  referred  to  under  head  10th  would  be  chargeable  to  the 
government  to  which  the  extradition  was  conceded,  theie  bi  ing  no  regula- 
tion of  treaty  on  the  subject. 

In  conclusion,  I  will  add  that  the  terms  of  the  7th  question  are  far  too 
general,  and  more  comprehensive  than  those  of  article  10  of  the  law.  This 
refers  solely  to  papers  and  other  thiugs  bearing  upon  the  crime  and  its 
authors,  without  treating  of  the  delivery  of  other  property  or  effects  that 
the  fugitive  miL;ht  have  been  able  to  acquire  during  his  residence  in  Peru. 
I  consefjuently  believe  that  such  property  or  effects  would  not  be  delivered. 
There  would  remain,  however,  a  resort  to  the  judicial  tribunals  by  civil, 
proceedings,  which  would  be  conducted  in  accordance  with  Peruvian  legis- 
lation. 

Your  excellency  will  find  annexed  a  copy  of  "El  Peruano,"  the  official 
bulletin,  in  which  is  published  the  law  to  which  I  refer  in  this  despatch; 
and  in  regard  to  the  treaties  in  force  upon  extradition,  I  beg  to  mention  that 
the  greater  part  have  come  to  an  end,  and  others  have  bt;en  abandoned, 
giving  room  for  the  conclusion  of  new  agreements  that  will  be  in  accord- 
ance with  the  principles  declared  by  the  legislative  power. 
I  take,  etc., 

Isaac  Alzamora 


[Incloaure.  —Translation.  ] 

Peruvian  extradition  act  of  October  "2:3,  1888. 

Andues  a.  CaciSres,  Constitutional  rrcsident  of  lite  Iie2)uhlic. 

Whereas  Congress  has  passed  the  following  law  : 

The  Congress  of  the  Republic  of  Peru  cousitlering — 

That  it  is  necessary  to  establish  the  general  priuciples  by  which  the  ex- 
ecutive power  is  to  be  governed  in  the  treaties  which  may  be  made  on  the 
subject  of  extradition,  has  passed  the  following  law: 

Article  I.  The  executive  can  luuul  over  to  the  governments  of  foreign 
countries,  on  the  condition  of  reciprocity,  all  persons  accused  or  condemned 
by  the  tribunals  of  the  nation  <l«Mnaiiding  them,  pn)vidc<l  that  the  crime 
or  offence  in  question  is  spccilicd  in  the  present  law  and  tliat  it  was  com- 
mitted within  its  territory  or  waters  or  merchant  vessels  on  the  high  seas, 
or  on  its  men  of  war  wherever  they  may  bo. 

Article  II.  Extradition  may  be  granted  for  all  I Iiond  offences  to  which 
may  be  aiqdied  iln;  sentence  of  deal  ii,  pmitcntiary,  house  of  correction, 
forced  labor,  or  imprisonment  for  not  less  thun'two  years,  according  to  the 
laws  of  Pern. 

AirncLE  III.  Extradition  will  not  bo  granted  in  any  case— 

1.  When  the  person  demanded  was  a  Peruvian  citizen  by  virtue  of  birth 
or  naturalization  previous  to  the  act  wliich  occaMiouM  tlie  demand  foi-  extra- 
dition. The  case  iHexc«!pteil  of  a  nation  having  a  con)mon  i)onndary  where 
compacts  in  regard  to  citizens  may  bo  adjusted  according  to  reciprocal  or- 


214  EXTRADITION. 

rangemcnts  which  can  in  no  way  Le  rendered  more  oppressive  [for  such 
citizens]  than  those  made  in  this  law  for  foreigners. 

2.  When  the  offences  committed  have,  in  the  opinion  of  the  Government 
of  the  Republic,  apolitical  character,  or  have  been  committed  in  connection 
with  the  same. 

3.  When,  in  accordance  with  the  laws  of  Peru,  the  prosecution  for  the 
offence  which  g^ve  rise  to  the  demand  for  extradition  has  been  prescribed. 

4.  When  the  person  claimed  has  been  already  tried  and  sentenced  in  the 
Kepublic  for  the  same  olfeuce  or  for  another  equal  or  greater  one. 

Article  IV.  If  the  person  demanded  is  a  slave,  the  extradition  will  not 
be  granted  except  when  the  nation  claiming  him  engages  itself  to  try  him 
as  a  free  man,  and  to  consider  him  always  as  such.  • 

Article  V.  If,  at  the  trial  of  the  offence  that  gave  rise  to  the  extradition, 
it  should  be  discovered  that  the  culprit  is  guilty  of  another  distinct  and 
graver  one,  comprised,  likewise  in  the  treaty  of  extradition,  or  in  this  law, 
the  government  demanding  him  can  cause  him  to  be  tried  for  this  latter 
offence,  so  informing  the  Government  of  Peru. 

On  conceding  the  extradition  it  shall  be  stipulated  that  the  sentence  of 
death  shall  not  be  inflicted  upon  the  culprit,  and  the  Government  shall  de- 
mand, to  such  end,  on  delivering  over  the  culprit,  that  the  final  sentence 
against  him  be  communicated  to  it. 

Article  VI.  In  case  that,  in  accordance  with  the  prescription  of  para- 
graph 1st  of  Article  III,  the  Government  should  not  be  obliged  to  give  up 
the  culprits  demanded,  these  may  be  tried  and  punished  according  to  the 
laws  of  the  Republic,  provided  that  the  sentence  is  communicated  to  the 
government  that  has  made  the  demand  for  them. 

Article  VII.  If  two  or  more  governments  should  solicit  the  extradition 
of  the  same  individual,  it  remains  for  Peru  to  decide,  according  to  circum- 
stances, to  which  one  he  is  to  be  delivered. 

Article  VIII.  The  demand  for  extradition  can  be  made  direct  by  a  gov- 
ernment through  the  diplomatic  channel,  or  through  any  functionary  suffi- 
ciently authorized  to  do  so,  it  being  required  to  be  accompanied  by — 

1st.  The  condemnatory  sentence  or  preliminary  proceedings  that,  accord- 
ing to  the  law  of  the  country  in  which  the  offence  has  been  committed, 
are  sufficient;  to  justify  the  arrest  and  bringing  to  trial  of  the  person  ac- 
cused ; 

2nd.  All  the  data  necessary  to  prove  the  identity  of  the  party  claimed  ; 
and 

3rd.  A  copy  of  the  legal  provisions  of  the  claiming  nation,  appl'cable  to 
the  fact  that  occasions  the  demand. 

Article  IX.  In  urgent  cases  the  provisional  detention  of  the  accused  can 
be  ordered,  if  the  government  claiming  him  solicits  it  by  postal  or  tel- 
egraphic communication ;  the  detention  terminating  when,  within  three 
months,  to  be  counted  from  the  arrest,  the  demand  is  not  formally  made  in 
the  manner  established  in  the  preceding  article. 

Article  X.  When  there  is  ground  for  extradition,  the  papers  and  other 
objects  thit  have  relation  with  the  offence  and  the  offenders  will  be  deliv- 
ered to  the  demanding  nation  under  condition  of  returning  them  when  the 
suit  is  terminated,  if  any  person  lays  claim  to  them. 

Article  XI.  The  Government  may  authorize  the  transit  through  the 


EXTR  ADITIOX.  215 

territory  of  the  Republic  of  the  culprits  extradited  by  ueighboring  nations, 
'provided  that  they  are  not  Peruvian  citizens,  requiring  the  authorities  to 
take  the  necessary  measures  to  prevent  escape. 

Article  XII.  The  demand  for  extradition  once  made,  the  ministry  of 
foreign  relations  will  transmit  it  to  the  su^jreme  court,  which,  after  hear- 
ing the  fiscal  attorney,  will  give  its  opinion  upon  the  legality  or  illegality 
of  the  demand  according  to  this  law.  In  virtue  of  said  opinion,  the  Presi- 
dent of  the  Republic  will  decide  with  the  council  of  ministers  on  the  de- 
mand for  extradition. 

Article  XIII.  The  executive  shall  denounce  at  their  maturity  all  the 
treaties  of  extradition  that  are  not  made  in  accordance  with  the  present  law. 
Let  it  be  communicated  to  the  executive  in  order  for  its  fuUilmeut. 
Given  at  the  chamber  of  sessions  of  Congress  at  Lima,  October  17th,  1888. 

M.-Candamo, 

President  of  tlie  Senate. 
Manukl  Maria  del  Valle, 
President  of  the  Chaviber  of  Deputies , 
Jose  V.  Arias, 

Secretary  of  the  Senate. 
Theodomiro  a.  Gadea, 
Secretary  of  the  Chamber  of  Deputies. 
To  His  Excellency  the  President  of  the  Republic. 
Now,  therefore,  I  ordain  that  it  be  published,  placed  in  circulation,  and 
be  duly  fultilled. 
Given  at  the  Government  House  at  Lima,  October  23,  1888. 

Andres  A.  Cac^res. 


PORTUGAIi. 


December  27, 1888,  Mr.  LewLs  transmitted  to  the  Departmeut 
the  following  note  from  the  miui.ster  of  foreign  affalr.s : 

Ministry  ok  Forei  ;x  Affairs,  Political  Division, 

Linhon,  December  22,  1888. 
I. have  the  honor  to  acknowledge  receipt  of  yoiir  exceiieucy 'h  note  of  llth 
iuHt.,  accompanying  a  circular  of  your  Govcrurncut  in  which  certain  nuos- 
tioiiH  rclativo  tr)  extradition  of  criniinais  from  this  country  are  OHked. 

I  have  to  inform  your  (xcellcncy  that  the  Government  of  IMh  MajcHty  ia 
r«'ady  at  all  times  to  consider rcfiucMls  forcxtraililion  made  by  nalioiis  witli 
which  it  has  no  treaty  to  that  illVrt,  n-wrviiig,  lic.wcvfr,  \\w  right  to  n- 

fus'". 

This  concession  is  not  subject  to  any  express  conditions;  it  is  of  Ihu  free 
will  of  the  Government. 

We  do  not  deliver  up  Portuguese  subjects. 

We  grant  provisional  arrest  in  compliance  with  a  retpieHt  made  dipio 
matiijally  by  telegraph,  or  by  writing,  alTlrming  the  evidence  of  witnesses 
or  previous  condtnination  of  tliti  individual  claimiMl. 

The  time  of  temporary  imprisonment  varies  according  to  the  greater  or 


216  EXTEADITJOX. 

lesser  distance  of  the  country  claiming  tlie  accused  and  consequent  facility 
or  difficulty  of  presenting  the  necessary  documents  for  the  extradition. 

The  order  of  imprisonment  is  given  by  the  administrative  authorities. 

It  is  not  necessary  to  issue  a  new  order  for  imprisonment  after  the  arrival 
of  the  documents  requesting  extradition. 

The  judicial  authorities  can  not  grant  the  extradition  and  they  do  not  in- 
tervene until  thej-  are  requested  to  do  so  by  the  individual  claimed  ;  but 
the  usage  is  to  consult  the  procurador  geral  of  the  Crown  upon  the  legality 
of  the  extradition  asked. 

The  opinion  of  the  procurador  geral  of  tbe  Crown  is  purely  consultative, 
bnt  the  executive  power  is  accustomed  to  conform  its  procedure  with  it. 

Extradition  is  granted  in  transit.  The  escort  of  the  individual  delivered 
up  across  the  territory  is  made  by  the  police  of  the  country  traversed. 

There  being  no  stipulation  to  the  contrary  the  expenses  are  to  be  met  to 
the  country  requesting  the  extradition. 

All  other  xioints  and  even  these  are  found  printed  by  the  various  conven- 
tions of  which  I  send  enclosed  copies  according  to  your  excellency's  wish. 

These  conventions  define  the  rights  now  in  force,  seeing  that  there  is  no 
general  law  which  regulates  the  granting  of  extradition. 
I  avail  myself,  etc., 

Barros  Gomes. 


RUSSIA. 


January  21,  1889,  Mr.  Tree  inclosed  a  translation  of  a  mem- 
orandum from  the  ministry  of  foreign  affairs,  which  was  as 
follows: 

Memorandum, 

1.  Extradition  in  Russia  is  governed  by  conventional  regulation.  Never- 
theless, the  mperial  Government  is  free  in  the  absence  of  international  ob- 
ligation to  grant,  on  the  basis  of  entire  reciprocity,  the  surrender  of  per- 
sons who  have  taken  refuge  in  its  territory,  with  the  exception  of  its  own 
subjects. 

2.  The  provisional  arrest  of  a  fugitive  maj*  be  eifected  according  to  the 
forms  and  regulations  prescribed  on  the  requisition  of  a  foreign  govern- 
ment transmitted  by  diplomatic  channel.  Tkis  requisition,  emanating 
from  the  competent  authority  of  the  demanding  country,  should  establish: 

(«)  The  identity  of  the  person ; 

(6)  His  nationality  and  calling ; 

(c)  The  criminal  charge,  the  nature  and  date  of  the  criminal  act. 

Provisional  detention  is  obligatory  by  virtue  of  a  treaty,  and  ceases  gen- 
erally to  be  prolonged  if  within  the  delay  of  20-60  days  from  the  date  of  the 
arrest  of  the  fugitive  the  formal  demand  of  extradition  accompanied  by 
necessary  proofs  has  not  been  made. 

According  to  some  treaties  concluded  by  the  Imperial  Government,  the 
foreigner  may  be  arrested  provisionally  on  a  simple  notice  transmitted  by 
letter  or  telegram,  on  condition,  however,  that  this  notice  be  regularly 
given  by  diplomatic  channel. 


EXTRADITION.  217 

3.  The  warrant  of  arrest  of  the  fugitive  malefactor  charged  w  ith  or  cou- 
ricted  of  crime  is  issued  by  the  minister  of  justice.  If  the  demand  of 
arrest  is  followed  in  time  by  a  regular  requisition  for  extradition  the  ac- 
cused is  held  in  arrest  without  any  new  warrant  for  the  purpose  bt-ing  re- 
quired. The  minister  of  justice  being  alone  charged  with  the  instruction 
and  execution  of  the  demand  of  extradition,  there  is  no  necessity  for  action 
on  the  part  of  the  judicial  authority  in  order  to  maintain  the  arrest.  It 
is  effected  under  the  care  of  the  executive  authority. 

4.  It  is  the  same  case  in  all  things  in  the  procedure  of  matters  of  extra- 
dition ;  the  judicial  authority  takes  no  part  in  the  examination  of  the 
charges  brought  against  the  accused  and  of  the  papers  brought  in  supjiort 
of  the  requisition  for  extradition.  These  documents  are  transmitted  by 
diplomatic  channel  to  the  minister  of  foreign  affairs,  who  states  their 
authenticity  and  communicates  them  to  his  colleague,  the  minister  of 
justice. 

5.  The  requisition  for  extradition  should  be  accompanied  by  an  authentic 
legal  copy  of  the  sentence  of  the  court,  or  by  a  copy  of  warrant  of  arrest, 
or  by  any  other  judicial  document  equivalent,  rendered  by  a  judge  or  a 
magistrate,  duly  authorized  to  this  effect,  and  indicating  the  crime  or  the 
offence  of  which  there  is  question,  as  also  the  penal  disposition  applicable 
to  it.  The  demanding  government  is  obliged  to  furnish  these  documents 
with  the  usual  seals  and  to  have  them  legalized  by  the  comi)etent  agent  of 
the  executive  authority.  The  official  character  of  this  latter  should  be, 
also  on  its  part,  attested  by  the  diplomatic  agent  of  the  Russian  Govern- 
ment. 

6.  Once  that  the  requisition  by  the  diplomatic  agent  of  the  denumding 
government  has  been  accepted,  the  minister  of  foreign  affairs  examines  it 
from  the  poiiit  of  view  of  international  law  and  of  treaty.  After  this  first 
examination,  the  demand  for  extradition,  if  regular  and  conformable  to  the 
stipulations  of  the  treaty,  is  transmitted  to  the  minister  of  justice,  with  the 
observations  which  it  may  have  elicited.  This  minister  deci<les  definitively 
as  to  its  action,  and  gives  notice  thereof  to  the  minister  of  for»-ign  affairs 
and  to  the  miuisterof  the  interior.  This  last  insures  tlio  execution  of  tho 
requisition  in  causing  the  arrest  of  fugitive!  and  in  delivering  him  to  tho 
foreign  authorities,  noti(i<-d  b^-  diploniatii-  agiiicy. 

7.  Tlie  [iroofrt  of  conviction  and  (lie  objiuts  found  in  poHsession  of  tho 
fugitive  are  seized,  if  necessary,  and  delivered  to  the  deniJiiiding  govt^rn- 
nient  at  the  saiiir  time  as  the  delivery  of  the  person  arresti-d,  and  even  in 
the  case  when  the  extradition,  after  having  bi-i-n  accorded,  might  not  take 
l)lace  by  reason  of  the  deatli  or  of  the  (light  of  tlie. criminal.  It  is,  how- 
ever, to  be  observed  that  the  rights  of  third  parties  to  these  objects  as  also 
the  rights  r)f  the  Imperial  fJovernment  are  always  rcHerved. 

8.  Tlie  fugitive  whose  extiailition  has  bt  en  giaiitrd  is  then-upon,  as  soon 
as  it  can  be  done,  delivered  to  tho  demanding  governnient  nt  a  |ioiiit  oit 
the  frontier  indicated  in  advance  by  the  ini]n'rial  authoritifs.  If  the  <  riin- 
iual  is  to  be  given  up  at  a  jiort,  the  foreign  govemiiKut  has  flir  choice  of 
designating  it.  According  to  some  treatiej»  a  delay  of  '.i  months  is  granted 
to  the  diplomatic  agents  of  the  foreign  governnu-nt  for  lln^  sending  away 
of  tho  person  arnssted,  i)!aced  at  its  (liHpf>Hition. 

9.  Tho  transit  of  the  person  extradited  may  be  authorized  by  tho  minister 


218        ■  EXTKADITION. 

of  justice  on  the  simple  production  by  diplomatic  channel  of  one  of  tho 
documents  in  the  case  mentioned  in  paragraph  5.  This  authorization  could 
only  be  accorded  to  the  powers  ^'hich  grant  on  their  territory  the  same 
privilege  to  the  Imperial  Government. 

The  transit,  as  regards  escort,  is  accomplished  with  the  assistance  of  Rus- 
sian fuuctionarifts,  but  at  the  expense  of  the  demanding  country. 

10.  All  the  expenses  caused  by  the  arrest,  detention,  and  transit  of  the 
persons  claimed,  as  also  the  expenses  of  the  delivery  and  of  the  transport 
of  the  objects  found  in  possession  of  the  fugitive,  are  at  the  charge  of  the 
demanding  state,  unless  otherwise  stipulated  by  special  agreement. 


SWITZERLAND. 

The  following  is  taken  from  a  discussion  of  extradition  iiro- 
cedure  in  Switzerland  (13  Revue  de  droit  int.  et  de  I6g.  comp., 
1881,  pp.  49-51),  by  M.  Alfred  Martin,  an  advocate  of  Geneva : 

Demands  for  arrests  are  addressed  to  the  executive  authority.  In  some 
of  the  treaties  it  is  ijrovided  that  such  demands  may  be  directly  made  to  a 
judicial  or  administrative  authority  of  one  of  the  two  states. 

When  a  demand  for  arrest  is  received  the  federal  council  asks  the  gov- 
ernment of  the  canton  where  the  fugitive  resides  to  arrest  him. 

The  individual  who  has  been  provisionally  arrested  has  the  right  to  con- 
test the  demand  for  extradition.  If  he  pretends  that  the  demand  is  contrary 
to  the  existing  treaty  between  Switzerland  and  the  demanding  country, 
the  matter  is  submitted  to  the  examination  and  decision  of  the  judicial 
power.  If  the  fugitive  does  not  contest  the  application  of  the  treaty,  the 
executive  orders  and  carries  out  the  extradition.  But  if  he  brings  the 
matter  before  the  federal  tribunal,  its  decision  is  final.  The  federal  coiiu- 
cil  is  deprived  of  its  control  over  the  affair. 

By  a  judgment  of  the  federal  tribunal  of  March  22,  1879  (arrfit  Massit),  it 
was  decided  that  treaties  of  extradition  are  like  laws  of  procedure,  and  that 
in  general  they  apply  upon  their  promulgation  to  all  prior  acts. 

It  is  an  acknowledged  principle  that  extradition  can  only  take  place  for 
an  act  committed  outside  of  the  territory  of  the  state  on  which  the  requisi- 
tion is  made.  The  federal  court  referred  to  this  elementary  rule  in  a  very 
recent  decision  relative  to  a  requisition  from  France  with  regard  to  an  act 
which  had  been  committed  on  Swiss  territory.  Of  course  the  extradition 
was  refused. 

It  is  also  indisputable  that  an  act,  in  order  to  give  rise  to  extradition, 
must  have  a  penalty  attached  to  it  by  the  law  of  the  country  on  which  the 
requisition  is  made.  The  federal  court  made  application  of  this  principle 
in  a  very  interesting  case.  It  consisted  in  a  demand  for  extradition  made 
by  Germany  for  embezzlement.  The  accused  had  taken  refuge  in  the  can- 
ton of  St.  Gall.  Now,  according  to  the  law  of  that  canton,  a  prosecution 
can  be  instituted  for  that  act  only  on  the  complaint  of  the  person  wronged,  ■ 
and  the  criminal  proceedings  had  been  instituted  ofiScially.  For  this  reason 
the  extradition  was  refused. 


\ 


EXTRADITION.  -  219 

Still  it  is  not  necessary  that  the  act  charged  be  designated  in  the  same 
way  in  the  two  codes;  it  is  sufficient  that  the  act  be  considered  a  crime  or 
an  offence  by  the  two  codes. 

The  multiplicity  and  variety  of  the  laws  of  the  cantons  sometimes  renders 
the  application  of  the  international  conventions  a  little  difficult.  Take, 
for  instance,  an  act  which  is  punishable  in  almost  all  the  republics  com- 
posing the  confederation,  but  which  is  not  mentioned  in  the  code  of  the 
canton  in  which  the  fugitive  is.  Can  it  be  said  that  the  act  is  not  ininish- 
rtble  in  Switzerland?  Must  the  extradition  be  refused?  The  federal 
court  has  admitted  that  Switzerland  may  grant  the  extradition  of  a  per- 
son for  acts  which  are  punished  by  the  code  of  Germany  on  the  one  hand, 
and  by  a  certain  number  of  Swiss  codes  on  the  other,  when  Germany 
makes  the  requisition,  provided  that  the  repression  of  such  acts  is  in  con- 
formity with  the  general  interests. 

It  should  be  observed  that  the  court,  in  this  decision,  bases  its  action  on 
the  fact  that  the  treaty  with  Germany  does  not  require  that  the  act  with 
which  the  accused  is  charged  be  punishable  under  the  codes  of  both  coun- 
tries. The  decision  would  probably  be  different  if  the  application  of 
another  treaty  was  concerned. 

Persons  surrendered  to  the  country  making  the  requisition  can  not  be  tried 
for  any  act  except  that  for  which  the  extradition  was  granted.  Api)Iica- 
tion  was  made  of  this  rule  in  the  case  of  two  persons  surrendered  to  Swit- 
zerland, one  by  Holland,  the  other  by  England,  as  charged  with  a  certain 
offence.  They  are  demanded  from  Switzerland  by  the  Grand  Duchy  of 
Baden  as  being  guilty  of  another  offence.  The  extradition  is  refused  as 
long  as  Holland  and  England  withhold  their  consent. 


TURKEY. 

December  28,  1888,  Mr.  Straus  made  the  following  reiiort: 

Sir:  Replying  to  your  circular  instruction  of  November  '26,  lrt8b,  re- 
specting the  subject  of  international  extradition  as  practiced  by  tiio 
Government  to  which  I  am  accnditcd,  I  have  the  honor  to  report : 

The  subject  of  extradition  in  this  (jnipire  by  reason  of  the  capitulations 
and  the  rights  of  extraterritoriality  may  be  sejiarated  into  three  distinct 
clashes : 

First.  When  thefiigitivo criminal  whoso  surrender  isdoinanded  isanOtto- 
man  subject. 

Second.  Wlien  the  fugitive  is  a  subject  fif  the  demanding  state. 

Third.  Wlien  the  fugitive  is  neither  an  Ottoman  subject  nor  subjectof  tho 
demanding  state,  but  of  a  third  power. 

Reverting  to  the  above  enumerated  rlnHses: 

First.  Wlien  the  fugitive  crirniiial  whose  surrender  is  demanded  is  an 
Ottoman  subject.  The  Porte  in  such  a  case  does  not  consent  to  the  surren- 
der of  its  own  Hubjeefs,  and,  as  I  ntn  informed,  it  has  no  convention  or 
anderstaniling,  tlirongh  cxdianged  diplomatic  notes  or  otherwise,  whereby 
it  is  obligated  to  make  surrender. 


220  •  EXTEADITION. 

Second.  When  the  fugitive  is  a  subject  of  the  demanding  state.  By  the 
treaties  and  capitulations  granting  and  regulating  extraterritoriality  in 
the  Ottoman  Empire,  the  fugitive  is  regarded  as  being  within  the  juris- 
diction of  the  demanding  state,  and  he  is  arrested,  tried,  or  transported 
by  the  consul  of  such  demanding  state  upon  such  evidence  and  by  such 
procedure  as  is  prescribed  by  his  Government  for  the  trial  of  criminals. 

If  the  consul  is  unable  to  make  the  arrest  through  his  own  officials,  and 
finds  it  necessary  to  ask  for  the  assistance  of  the  Porte,  ai^plication  is  made 
therefor  to  the  Porte,  and  such  assistance  is  usually  given,  though  it  is  not 
obligatory  lapou  the  Porte  to  render  it. 

Third.  When  the  fugitive  is  neither  an  Ottoman  subject  nor  a  subject  of 
the  demanding  state,  but  of  a  third  power,  then  the  extradition  depends 
upon  the  conventions  or  practice  between  the  demanding  state  and  the 
state  of  which  the  fugitive  is  a  subject. 

Most  governments,  in  matters  relating  to  extradition,  so  far  as  concerns 
their  own  siibjects,  regard  the  Ottoman  Empire,  as  it  were,  one  of  their 
colonies,  and  their  consuls,  as  a  rule,  cause  the  arrest  of  the  fugitive,  try 
and  convict  him,  or  convey  him  to  one  of  their  own  ships  and  transport 
him  to  place  of  venue  for  trial,  according  to  their  regulations  or  laws  upon 
the  subject. 

It  also  happens  in  practice  that  when  the  fugitive  is  a  Turkish  subject 
such  fugitive  is  conveyed  to  a  ship  of  the  demanding  state,  and  once  thereon 
is  taken  under  arrest,  as  if  being  on  the  territory  of  the  demanding  state, 
and  thence  transported  to  the  place  of  trial. 

There  are  no  treaties  of  extradition  excepting  the  one  with  the  United 
States  concluded  in  1874,  but  there  is  a  disposition  on  the  part  of  the  Porte 
to  claim  that  it  is  not  in  force,  in  that  they  couple  its  ratification  with  the 
treaty  of  naturalization  which  is  still  in  negotiation.  I  fail  to  see  what  the 
one  treaty  has  to  do  with  the  other,  and  know  of  no  valid  reason  why  the 
former  treaty  should  not  be  binding.  In  any  event  such  a  treaty  has  much 
more  advantage  for  Turkey  than  for  America,  in  that  fugitive  American 
citizens  can  be  extradited,  as  it  were,  under  the  power  vested  in  our  con- 
suls by  reason  of  extraterritoriality. 

Although  Turkey  has  no  other  treaty  of  extradition  than  with  the  United 
States,  yet  provisions  are  contained  in  the  ancient  capitulations  with  Rus- 
sia and  with  Austria,  by  which  it  is  provided  that  they  reciprocally  will 
surrender  certain  classes  of  fugitives,  such  as  sailors  and  slaves,  provided 
they  have  not  embraced  the  religion  of  the  country  of  refuge,  which  in 
Turkey  would  be  equivalent  to  a  change  of  nationality. 

I  am  informed  at  the  Porto  that  a  recent  arrangement,  not  in  the  form  of 
a  convention,  but  by  exchanged  notes,  has  been  entered  into  between  it 
and  Russia  for  reciprocal  extradition,  and  a  similar  arrangement  is  in  course 
of  negotiation  also  with  Roumania. 

I  am  also  informed  at  the  Porte  that  it  has  never  interfered  with  or  ob- 
jected to  the  right  of  transit  across  its  territory  of  criminals  surrendered  by 
a  third  state  to  a  foreign  government. 

No  law  on  the  subject  of  extradition  exists  in  this  empire. 

I  have,  etc., 

O.  S.  Straus.  . 

O 


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